Ananias v Cashbuild (Pty) Ltd and Others (JR1348/17) [2019] ZALCJHB 181 (1 August 2019)

Ananias v Cashbuild (Pty) Ltd and Others (JR1348/17) [2019] ZALCJHB 181 (1 August 2019)

The Court found that the application for leave to appeal was filed out of time and no condonation application was made. Even considering the merits, the applicant failed to establish reasonable prospects of success on appeal. The grounds of appeal were either not properly formulated or merely repeated the Court's...

Source-derived case information.

Citation
[2019] ZALCJHB 181
Parties
Applicant: Chokoe Senaga Ananias; Respondent: Cashbuild (Pty) Ltd; Respondent: Mafujane TS N.O.; Respondent: Commissioner for Conciliation, Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
1 August 2019
Case Number
JR1348/17
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Review
Outcome
Application for leave to appeal dismissed.
Judges
MTM Phehane
Legal Topics
Leave to Appeal, Condonation, Unfair Dismissal, Arbitration Award Review
Labour Law Leave to Appeal Condonation Unfair Dismissal Arbitration Award Review

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Chokoe Senaga Ananias

Applicant

Cashbuild (Pty) Ltd

Respondent

Mafujane TS N.O.

Respondent

Commissioner for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Review

Legal Issues

  1. 1 Whether the applicant is entitled to leave to appeal against the judgment setting aside the arbitration award.
  2. 2 Whether the application for leave to appeal should be dismissed for being filed out of time without condonation.
  3. 3 Whether there are reasonable prospects of success on appeal.

Ratio Decidendi

The Court found that the application for leave to appeal was filed out of time and no condonation application was made. Even considering the merits, the applicant failed to establish reasonable prospects of success on appeal. The grounds of appeal were either not properly formulated or merely repeated the Court's own reasoning. The Court confirmed its previous judgment and concluded that there is no reasonable prospect that another court would reach a different conclusion. Accordingly, leave to appeal was refused.

Court Disposition

Application for leave to appeal dismissed.

Orders

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