SAA’s business rescue practitioners (BRPs) – Les Matuson and Siviwe Dongwana – will now seek an urgent court date to appeal against the May 8 ruling by the Labour Court that it was ‘procedurally unfair’ to issue retrenchment notices.
“Our position in seeking leave to appeal on the basis that another court may come to a different decision has been accepted by this ruling,” said the BRPs in a joint statement.
The statement was issued following Monday’s (May 25) ruling by Labour Court Judge, Andre van Niekerk, granting SAA and the BRPs leave to appeal against the whole of the judgement delivered on May 8.
The May 8 judgement by the Labour Court on Friday ruled that issuing Section 189 retrenchment notices was procedurally unfair. The BRPs were ordered to withdraw the retrenchment notices.
However, following this ruling, the BRPs and SAA contended that, given the disputes of law, that there was a reasonable prospect that the facts would receive a different treatment by the Labour Appeal Court.
They further argued that the matter was of “significant public interest and importance” and that the May 8 judgement in the Labour Court was in conflict with an earlier judgement of the same Court.