AMCU obo Manoto v Matsopa Minerals (Pty) Ltd (JR10/20) [2025] ZALCJHB 58 (20 February 2025)

AMCU obo Manoto v Matsopa Minerals (Pty) Ltd (JR10/20) [2025] ZALCJHB 58 (20 February 2025)

The court found that the applicant failed to establish reasonable prospects of success on appeal or any compelling reason for the Labour Appeal Court to hear the matter. The submissions made did not persuade the court that another court would reach a different conclusion on the same facts, nor did they raise novel factual or legal issues warranting appellate consideration. The stringent test for leave to appeal, as set out in section 17(1) of the Superior Courts Act and interpreted by the Supreme Court of Appeal and Labour Appeal Court, was not met. Accordingly, the application for leave to appeal was dismissed.

Citation
[2025] ZALCJHB 58
Parties
Applicant: AMCU obo Joseph Letshesa Manoto; Respondent: Matsopa Minerals (Pty) Ltd; Respondent: The Commission for Conciliation Mediation and Arbitration; Respondent: Joseph Mzwandile Dlengezele N.O
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 February 2025
Case Number
JR10/20
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Handed Down on 18 November 2024.
Outcome
Application for leave to appeal dismissed.
Judges
FI Baloyi
Legal Topics
Leave to Appeal, Unfair Dismissal, Arbitration Award Review, Reasonable Prospect of Success
Labour Law Leave to Appeal Unfair Dismissal Arbitration Award Review Reasonable Prospect of Success

Case Brief

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Parties

AMCU obo Joseph Letshesa Manoto

Applicant

Matsopa Minerals (Pty) Ltd

Respondent

The Commission for Conciliation Mediation and Arbitration

Respondent

Joseph Mzwandile Dlengezele N.O

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Handed Down on 18 November 2024.

Legal Issues

  1. 1 Whether the applicant has demonstrated reasonable prospects of success on appeal.
  2. 2 Whether there are compelling reasons for the Labour Appeal Court to hear the appeal.
  3. 3 Whether the submissions raise novel factual or legal material deserving appellate attention.

Ratio Decidendi

The court found that the applicant failed to establish reasonable prospects of success on appeal or any compelling reason for the Labour Appeal Court to hear the matter. The submissions made did not persuade the court that another court would reach a different conclusion on the same facts, nor did they raise novel factual or legal issues warranting appellate consideration. The stringent test for leave to appeal, as set out in section 17(1) of the Superior Courts Act and interpreted by the Supreme Court of Appeal and Labour Appeal Court, was not met. 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.
  • There is no order as to costs.