Baning, Insurance, Finance, and Assurance Workers Union (BIFAWU) obo Members v Legalwise Expenses Insurance South Africa t/a Legalwise (J3375/17) [2019] ZALCJHB 356 (18 December 2019)
The court found that, after considering all grounds for leave to appeal, there are prospects of success that the Labour Appeal Court might overturn the decision dismissing the applicant's claim. Accordingly, leave to appeal was granted.
Source-derived case information.
- Citation
- [2019] ZALCJHB 356
- Parties
- Applicant: Baning, Insurance, Finance, and Assurance Workers Union (BIFAWU) obo 79 Members; Respondent: Legalwise Expenses Insurance South Africa t/a Legalwise
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- J3375/17
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal After Dismissal of Claim
- Outcome
- Leave to appeal granted.
- Judges
- S Mabaso
- Legal Topics
- Leave to Appeal, Prospects of Success, Costs Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
Baning, Insurance, Finance, and Assurance Workers Union (BIFAWU) obo 79 Members
Applicant
Legalwise Expenses Insurance South Africa t/a Legalwise
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Dismissal of Claim
Legal Issues
- 1 Whether leave to appeal should be granted against the dismissal of the applicant's claim.
- 2 Whether there are reasonable prospects that the Labour Appeal Court may overturn the decision.
Ratio Decidendi
The court found that, after considering all grounds for leave to appeal, there are prospects of success that the Labour Appeal Court might overturn the decision dismissing the applicant's claim. Accordingly, leave to appeal was granted.
Court Disposition
Leave to appeal granted.
Orders
- The application for leave to appeal is granted.
- There is no order as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case No: J 3375/17
In the matter between:
BANING, INSURANCE, FINANCE, AND ASSURANCE
WORKERS UNION (BIFAWU) OBO 79 MEMBERS
Applicant
and
LEGALWISE EXPENSES INSURANCE SOUTH
AFRICA t/a LEGALWISE
Respondent
Considered: In Chambers
Delivered: 18 DECEMBER 2019
JUDGEMENT: LEAVE TO APPEAL
Mabaso AJ
[1] This is an opposed application for leave to appeal by the applicant, against the whole judgment of this Court delivered on 30 August 2019 whereby this Court dismissed their claim.
[2] I have considered all the grounds for leave to appeal and I conclude that there are prospects of success that the Labour Appeal Court might overturn my decision.
.
[3] In the circumstances, I make the following order:
Order
1. The application for leave to appeal is granted
2. There is no order as to costs.
__________________
S Mabaso
Acting Judge of the Labour Court of South Africa