Bolton v CCMA and Others (JR1113/14) [2018] ZALCJHB 367 (9 November 2018)

Bolton v CCMA and Others (JR1113/14) [2018] ZALCJHB 367 (9 November 2018)

The court found that the applicant failed to demonstrate any compelling reasons or sound, rational basis for the conclusion that there are reasonable prospects of success on appeal. The grounds for leave to appeal and the arguments raised were sufficiently addressed in the original judgment. Furthermore, the applicant did not apply for condonation for the late filing of the application for leave to appeal. Considering the requirements of law and fairness, the court determined that a costs order against the applicant was warranted.

Citation
[2018] ZALCJHB 367
Parties
Applicant: Vaugh Morgan Bolton; Respondent: CCMA; Respondent: Zakhele Mhlambo; Respondent: Shoprite Checkers (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
9 November 2018
Case Number
JR1113/14
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed with costs on an attorney and client scale.
Judges
P. Sedile
Legal Topics
Leave to Appeal, Condonation, Costs Award, Reasonable Prospects of Success
Labour Law Civil Procedure Leave to Appeal Condonation Costs Award Reasonable Prospects of Success

Case Brief

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Parties

Vaugh Morgan Bolton

Applicant

CCMA

Respondent

Zakhele Mhlambo

Respondent

Shoprite Checkers (Pty) Ltd

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 reasonable prospects of success on appeal.
  2. 2 Whether leave to appeal should be granted despite late filing and absence of condonation.
  3. 3 Whether a costs order against the applicant is warranted.

Ratio Decidendi

The court found that the applicant failed to demonstrate any compelling reasons or sound, rational basis for the conclusion that there are reasonable prospects of success on appeal. The grounds for leave to appeal and the arguments raised were sufficiently addressed in the original judgment. Furthermore, the applicant did not apply for condonation for the late filing of the application for leave to appeal. Considering the requirements of law and fairness, the court determined that a costs order against the applicant was warranted.

Court Disposition

Application for leave to appeal dismissed with costs on an attorney and client scale.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is ordered to pay costs on an attorney and client scale.