Buffalo City Municipality v Grey (EL 137/08) [2015] ZAECHC 2 (29 January 2015)

Buffalo City Municipality v Grey (EL 137/08) [2015] ZAECHC 2 (29 January 2015)

The court found that the plaintiff failed to prove on a balance of probabilities that the defendant was appointed as Resort Superintendent and responsible for the duties alleged. The evidence indicated uncertainty regarding the defendant's appointment and post level, with indications that his appointment was provisional and subject to further processes. The withdrawal of the admission was permitted in accordance with the principles governing amendment of pleadings. Consequently, there were no reasonable prospects of success on appeal, and the application for leave to appeal was dismissed.

Citation
[2015] ZAECHC 2
Parties
Plaintiff: Buffalo City Municipality; Defendant: Bonisile Nicholas Grey
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
29 January 2015
Case Number
EL 137/08
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Plaintiff's Claim
Outcome
Application for leave to appeal dismissed with costs.
Judges
N G Beshe
Legal Topics
Withdrawal of Admission, Breach of Employment Contract, Amendment of Pleadings
Civil Procedure Labour Law Withdrawal of Admission Breach of Employment Contract Amendment of Pleadings

Case Brief

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Parties

Buffalo City Municipality

Plaintiff

Bonisile Nicholas Grey

Defendant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Plaintiff's Claim

Legal Issues

  1. 1 Whether the court erred in permitting the defendant to withdraw the admission of appointment as Resort Superintendent.
  2. 2 Whether there was sufficient evidence that the defendant was appointed as Resort Superintendent and responsible for the alleged duties.
  3. 3 Whether the plaintiff proved on a balance of probabilities that the defendant breached his employment contract.

Ratio Decidendi

The court found that the plaintiff failed to prove on a balance of probabilities that the defendant was appointed as Resort Superintendent and responsible for the duties alleged. The evidence indicated uncertainty regarding the defendant's appointment and post level, with indications that his appointment was provisional and subject to further processes. The withdrawal of the admission was permitted in accordance with the principles governing amendment of pleadings. Consequently, there were no reasonable prospects of success on appeal, and the application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.