Caldwell and Another v PPC Group Services (Pty) Ltd (JS 118/19; JS120/19) [2021] ZALCJHB 175 (23 July 2021)

Caldwell and Another v PPC Group Services (Pty) Ltd (JS 118/19; JS120/19) [2021] ZALCJHB 175 (23 July 2021)

The court found that the applicants failed to establish a sound, rational basis for the conclusion that there are prospects of success on appeal. The grounds advanced did not raise any novel issue of fact or law deserving the attention of the Labour Appeal Court. The court was satisfied that its previous judgment was correct and that the applicants' arguments did not meet the heightened threshold for granting leave to appeal under section 17 of the Superior Courts Act. Accordingly, the application for leave to appeal was dismissed.

Citation
[2021] ZALCJHB 175
Parties
Applicant: Neil Caldwell; Applicant: Craig Waterson; Respondent: PPC Group Services (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
23 July 2021
Case Number
JS 118/19; JS120/19
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Unfair Dismissal Claim
Outcome
Application for leave to appeal dismissed.
Judges
Tlhotlhalemaje
Legal Topics
Unfair Dismissal, Retrenchment, Operational Requirements, Leave to Appeal, Procedural Fairness
Labour Law Unfair Dismissal Retrenchment Operational Requirements Leave to Appeal Procedural Fairness

Case Brief

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Parties

Neil Caldwell

Applicant

Craig Waterson

Applicant

PPC Group Services (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Unfair Dismissal Claim

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal against the judgment dismissing their unfair dismissal claim.
  2. 2 Whether the applicants were procedurally barred from challenging the fairness of their dismissal under section 189A of the Labour Relations Act.
  3. 3 Whether the dismissals were substantively and procedurally fair in terms of the Labour Relations Act.

Ratio Decidendi

The court found that the applicants failed to establish a sound, rational basis for the conclusion that there are prospects of success on appeal. The grounds advanced did not raise any novel issue of fact or law deserving the attention of the Labour Appeal Court. The court was satisfied that its previous judgment was correct and that the applicants' arguments did not meet the heightened threshold for granting leave to appeal under section 17 of the Superior Courts Act. Accordingly, the application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed.

Orders

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