Beukes v Peace Trust (2) (LCA 41 of 2002) [2011] NALC 18 (8 July 2011)

Beukes v Peace Trust (2) (LCA 41 of 2002) [2011] NALC 18 (8 July 2011)

The application for leave to appeal is dismissed because the appeal does not raise a question of law, there is no prospect of success, and no other reasonable court would come to a different conclusion based on the common cause facts and the absence of credibility findings by the trial court.

Citation
[2011] NALC 18
Parties
Applicant: Erica Beukes; Respondent: The Peace Trust
Court
Labour Court
Jurisdiction
Namibia
Judgment Date
8 July 2011
Case Number
LCA 41 of 2002
Procedural Posture
Labour Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed
Legal Topics
Leave to Appeal, Dismissal, Disciplinary Hearing, Jurisdiction, Credibility Findings
Source Language
English
Labour Law Leave to Appeal Dismissal Disciplinary Hearing Jurisdiction Credibility Findings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Erica Beukes

Applicant

The Peace Trust

Respondent

Procedural Posture

Labour Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether there are prospects of success for an appeal to the Supreme Court
  2. 2 Whether the appeal raises a question of law as required by section 21(1)(a) of the Labour Act
  3. 3 Whether the applicant was denied a fair trial or right to be heard

Ratio Decidendi

The application for leave to appeal is dismissed because the appeal does not raise a question of law, there is no prospect of success, and no other reasonable court would come to a different conclusion based on the common cause facts and the absence of credibility findings by the trial court.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Application for leave to appeal is dismissed