Adams v Daizee Educare Centre and Another (JS 557/21) [2023] ZALCJHB 339 (28 November 2023)

Adams v Daizee Educare Centre and Another (JS 557/21) [2023] ZALCJHB 339 (28 November 2023)

The court found that the applicant failed to demonstrate a reasonable prospect that another court would come to a different conclusion. The matter involved the application of established and trite legal principles, with no novel issues or legitimate disputes on the law or factual matrix. The high threshold for granting leave to appeal was not met, and judicial resources should not be expended on appeals lacking merit. Accordingly, the application for leave to appeal was dismissed.

Citation
[2023] ZALCJHB 339
Parties
Applicant: Anne Marie Brigitte Adams; Respondent: Daizee Educare Centre; Respondent: Yolandi Scheepers
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 November 2023
Case Number
JS 557/21
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Outcome
Application for leave to appeal dismissed.
Judges
Prinsloo
Legal Topics
Leave to Appeal, Reasonable Prospect of Success, Application of Trite Principles
Labour Law Leave to Appeal Reasonable Prospect of Success Application of Trite Principles

Case Brief

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Parties

Anne Marie Brigitte Adams

Applicant

Daizee Educare Centre

Respondent

Yolandi Scheepers

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment

Legal Issues

  1. 1 Whether the applicant has demonstrated a reasonable prospect that another court would come to a different conclusion.
  2. 2 Whether there is any legitimate dispute on the law or factual matrix warranting leave to appeal.

Ratio Decidendi

The court found that the applicant failed to demonstrate a reasonable prospect that another court would come to a different conclusion. The matter involved the application of established and trite legal principles, with no novel issues or legitimate disputes on the law or factual matrix. The high threshold for granting leave to appeal was not met, and judicial resources should not be expended on appeals lacking merit. Accordingly, the application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed with no order as to costs.