Advance Warehouse Limited v Mashigo (J631/12) [2016] ZALCJHB 23 (29 January 2016)

Advance Warehouse Limited v Mashigo (J631/12) [2016] ZALCJHB 23 (29 January 2016)

The court found that, having regard to the applicant's submissions and the facts contained in the affidavits supporting the rescission application, there is a reasonable prospect that another court may reach a different conclusion regarding whether proper notice was served and whether the rescission should have been granted. Accordingly, leave to appeal to the Labour Appeal Court was granted.

Citation
[2016] ZALCJHB 23
Parties
Applicant: Advance Warehousing Limited; Respondent: Annah Prudence Mashigo
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 January 2016
Case Number
J631/12
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Dismissal of Rescission Application
Outcome
Leave to appeal to the Labour Appeal Court is granted against the whole of the judgment delivered on 22 January 2015.
Judges
Mothibi
Legal Topics
Rescission of Judgment, Leave to Appeal, Service of Process
Labour Law Civil Procedure Rescission of Judgment Leave to Appeal Service of Process

Case Brief

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Parties

Advance Warehousing Limited

Applicant

Annah Prudence Mashigo

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Dismissal of Rescission Application

Legal Issues

  1. 1 Whether there is a reasonable prospect that another court may reach a different conclusion regarding the dismissal of the rescission application.
  2. 2 Whether the applicant was properly served with notice prior to the order granted in its absence.

Ratio Decidendi

The court found that, having regard to the applicant's submissions and the facts contained in the affidavits supporting the rescission application, there is a reasonable prospect that another court may reach a different conclusion regarding whether proper notice was served and whether the rescission should have been granted. Accordingly, leave to appeal to the Labour Appeal Court was granted.

Court Disposition

Leave to appeal to the Labour Appeal Court is granted against the whole of the judgment delivered on 22 January 2015.

Orders

  • Leave to appeal to the Labour Appeal Court is granted against the whole of the judgment delivered on 22 January 2015.
  • There is no order as to costs.