Ablewise Trading 47 (Pty) Ltd t/a Ferrous Metals Processor v Minnaar (JS 367/19) [2023] ZALCJHB 202 (6 July 2023)

Ablewise Trading 47 (Pty) Ltd t/a Ferrous Metals Processor v Minnaar (JS 367/19) [2023] ZALCJHB 202 (6 July 2023)

The application for leave to appeal is unopposed. The applicant's submissions merely repeat arguments made at trial and do not raise any new substantive points. The court finds no reasonable prospect that another court would reach a different conclusion regarding the procedural unfairness of the retrenchment. The statutory test under section 17(1) of the Superior Courts Act is not met, and there is no compelling reason to grant leave to appeal. Accordingly, the application for leave to appeal is dismissed.

Citation
[2023] ZALCJHB 202
Parties
Applicant: Ablewise Trading 47 (Pty) Ltd t/a Ferrous Metals Processor; Respondent: Andre Johann Minnaar
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 July 2023
Case Number
JS 367/19
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Trial Judgment
Outcome
Application for leave to appeal dismissed.
Judges
O Mamabolo
Legal Topics
Leave to Appeal, Unfair Dismissal, Procedural Fairness, Reasonable Prospect of Success
Labour Law Leave to Appeal Unfair Dismissal Procedural Fairness Reasonable Prospect of Success

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Parties

Ablewise Trading 47 (Pty) Ltd t/a Ferrous Metals Processor

Applicant

Andre Johann Minnaar

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Trial Judgment

Legal Issues

  1. 1 Whether the applicant has demonstrated a reasonable prospect that another court would reach a different conclusion.
  2. 2 Whether there is any compelling reason for leave to appeal to be granted.
  3. 3 Whether the retrenchment was procedurally unfair.

Ratio Decidendi

The application for leave to appeal is unopposed. The applicant's submissions merely repeat arguments made at trial and do not raise any new substantive points. The court finds no reasonable prospect that another court would reach a different conclusion regarding the procedural unfairness of the retrenchment. The statutory test under section 17(1) of the Superior Courts Act is not met, and there is no compelling reason to grant leave to appeal. Accordingly, the application for leave to appeal is dismissed.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The Applicant’s application for leave to appeal is dismissed.
  • There is no order as to costs.