AMCU obo Sibiya and Others v Shanduka Coal (Pty) Ltd, Graspan Colliery (JS649/13) [2017] ZALCJHB 249 (4 July 2017)

AMCU obo Sibiya and Others v Shanduka Coal (Pty) Ltd, Graspan Colliery (JS649/13) [2017] ZALCJHB 249 (4 July 2017)

The court found that the grounds for leave to appeal were adequately addressed in the original judgment and that the applicant failed to raise any disputes regarding the application of the law or legal principles. The judge held that there was no sound or rational basis to conclude that there are reasonable prospects that the Labour Appeal Court would reach a different conclusion on the facts or the law. The application for leave to appeal was therefore dismissed. The court also considered the requirements of law and fairness and declined to award costs, noting that the applicant was partially successful in the original proceedings.

Citation
[2017] ZALCJHB 249
Parties
Applicant: AMCU obo John Sibiya and 151 Others; Respondent: Shanduka Coal (Pty) Ltd, Graspan Colliery
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
4 July 2017
Case Number
JS649/13
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Outcome
Application for leave to appeal dismissed.
Judges
E Tlhotlhalemaje
Legal Topics
Unfair Dismissal, Compensation for Procedural Unfairness, Costs in Labour Court, Leave to Appeal Test
Labour Law Civil Procedure Unfair Dismissal Compensation for Procedural Unfairness Costs in Labour Court Leave to Appeal Test

Case Brief

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Parties

AMCU obo John Sibiya and 151 Others

Applicant

Shanduka Coal (Pty) Ltd, Graspan Colliery

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment

Legal Issues

  1. 1 Whether there are reasonable prospects that another court would reach a different conclusion on the fairness of the dismissals.
  2. 2 Whether the relief granted and the costs order were appropriate.
  3. 3 Whether the evidence and factual findings were properly considered.

Ratio Decidendi

The court found that the grounds for leave to appeal were adequately addressed in the original judgment and that the applicant failed to raise any disputes regarding the application of the law or legal principles. The judge held that there was no sound or rational basis to conclude that there are reasonable prospects that the Labour Appeal Court would reach a different conclusion on the facts or the law. The application for leave to appeal was therefore dismissed. The court also considered the requirements of law and fairness and declined to award costs, noting that the applicant was partially successful in the original proceedings.

Court Disposition

Application for leave to appeal dismissed.

Orders

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