Assmang Limited v Commission for Conciliation Mediation And Arbitration and Others (JR911/13) [2015] ZALCJHB 65 (2 March 2015)

Assmang Limited v Commission for Conciliation Mediation And Arbitration and Others (JR911/13) [2015] ZALCJHB 65 (2 March 2015)

The court applied the test for granting leave to appeal as set out in Zweni v Minister of Law and Order, requiring reasonable prospects of success and the possibility that a court of appeal could reach a different conclusion. Upon consideration of the grounds raised by the applicant, the court found that the...

Source-derived case information.

Citation
[2015] ZALCJHB 65
Parties
Applicant: Assmang Limited; Respondent: Commission for Conciliation Mediation And Arbitration; Respondent: David Bobbejaan N.O.; Respondent: William Brown Gaseranye
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 March 2015
Case Number
JR911/13
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Review Judgment
Outcome
Leave to appeal granted.
Judges
Sono
Legal Topics
Leave to Appeal, Review of Arbitration Award, Reasonable Prospects of Success
Labour Law Civil Procedure Leave to Appeal Review of Arbitration Award Reasonable Prospects of Success

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Summary, issues, holding and outcome

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Parties

Assmang Limited

Applicant

Commission for Conciliation Mediation And Arbitration

Respondent

David Bobbejaan N.O.

Respondent

William Brown Gaseranye

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal.
  2. 2 Whether leave to appeal should be granted against the review judgment.

Ratio Decidendi

The court applied the test for granting leave to appeal as set out in Zweni v Minister of Law and Order, requiring reasonable prospects of success and the possibility that a court of appeal could reach a different conclusion. Upon consideration of the grounds raised by the applicant, the court found that the applicant had made out a case for leave to appeal. The court was satisfied that the Labour Appeal Court could arrive at a different conclusion than the one reached in the review judgment.

Court Disposition

Leave to appeal granted.

Orders

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