Boerdery v CCMA and Others (Application for Leave to Appeal) (JR2187/2020) [2025] ZALCJHB 198 (20 May 2025)

Boerdery v CCMA and Others (Application for Leave to Appeal) (JR2187/2020) [2025] ZALCJHB 198 (20 May 2025)

The court found that the applicant failed to demonstrate a reasonable prospect that another court would reach a different conclusion regarding the CCMA award. The judgment provided sufficient reasons for dismissing the grounds for review, and the applicant was afforded a fair hearing both orally and in writing. The authorities cited by the applicant were not applicable, as the applicant was not denied a fair hearing and all relevant submissions were considered. The Commissioner's findings were reasonable and justified, and the case did not raise any arguable point of law or general public importance. The threshold for granting leave to appeal under section 17(1)(a) of the Superior Courts...

Citation
[2025] ZALCJHB 198
Parties
Applicant: Minnaar Boerdery; Respondent: CCMA; Respondent: Ramadimala Jacky Mateta N.O; Respondent: NUFBWSAW obo Kobela and 22 Others
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 May 2025
Case Number
JR2187/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Leave to appeal is refused.
Judges
Morgan
Legal Topics
Review of Arbitration Award, Unfair Dismissal, Leave to Appeal, Reasonable Prospect of Success, Procedural Fairness
Labour Law Civil Procedure Review of Arbitration Award Unfair Dismissal Leave to Appeal Reasonable Prospect of Success Procedural Fairness

Case Brief

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Parties

Minnaar Boerdery

Applicant

CCMA

Respondent

Ramadimala Jacky Mateta N.O

Respondent

NUFBWSAW obo Kobela and 22 Others

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether the applicant has demonstrated a reasonable prospect that another court would reach a different conclusion regarding the CCMA award.
  2. 2 Whether the Labour Court failed to consider and provide reasons for the grounds of review advanced by the applicant.
  3. 3 Whether the applicant was denied a fair hearing as required by section 34 of the Constitution.

Ratio Decidendi

The court found that the applicant failed to demonstrate a reasonable prospect that another court would reach a different conclusion regarding the CCMA award. The judgment provided sufficient reasons for dismissing the grounds for review, and the applicant was afforded a fair hearing both orally and in writing. The authorities cited by the applicant were not applicable, as the applicant was not denied a fair hearing and all relevant submissions were considered. The Commissioner's findings were reasonable and justified, and the case did not raise any arguable point of law or general public importance. The threshold for granting leave to appeal under section 17(1)(a) of the Superior Courts...

Court Disposition

Leave to appeal is refused.

Orders

  • Leave to appeal is refused.
  • There is no order as to costs.