Chetty v Ethekwini Municipality: Metro Police and Others (D1065/11) [2014] ZALCD 60 (5 November 2014)
The court found that, after considering all submissions and the grounds for appeal, there were no reasonable prospects that another court would reach a materially different conclusion. The grounds advanced by the applicant lacked substance and did not justify the granting of leave to appeal. Accordingly, the...
Source-derived case information.
- Citation
- [2014] ZALCD 60
- Parties
- Applicant: Rita Chetty; Respondent: Ethekwini Municipality: Metro Police; Respondent: South African Local Government; Respondent: Professor K Govender; Respondent: Superintendent W A Nzama
- Court
- Labour Court Durban
- Jurisdiction
- South Africa
- Case Number
- D1065/11
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal After Final Judgment
- Outcome
- Application for leave to appeal dismissed.
- Judges
- Mhlongo
- Legal Topics
- Leave to Appeal, Reasonable Prospects of Success, Labour Relations Act
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rita Chetty
Applicant
Ethekwini Municipality: Metro Police
Respondent
South African Local Government
Respondent
Professor K Govender
Respondent
Superintendent W A Nzama
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Final Judgment
Legal Issues
- 1 Whether the applicant has demonstrated reasonable prospects of success for leave to appeal.
- 2 Whether the grounds for appeal are substantive enough to warrant reconsideration by another court.
Ratio Decidendi
The court found that, after considering all submissions and the grounds for appeal, there were no reasonable prospects that another court would reach a materially different conclusion. The grounds advanced by the applicant lacked substance and did not justify the granting of leave to appeal. 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.
- No cost order is made.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF SOUTH AFRICA
IN THE LABOUR COURT OF SOUTH AFRICA, DURBAN
JUDGMENT
Not reportable
Case No. D1065/11
In the matter between: RITA CHETTY Applicant and ETHIKWINI MUNICIPALITY: METRO POLICE First Respondent SOUTH AFRICAN LOCAL GOVERNMENT Second Respondent PROFESSOR K GOVENDER SUPERINTENDENT W A NZAMA In chambers Delivered: 5 November 2014 Summary: Leave to appeal dismissed. Third Respondent Fourth Respondent
MHLONGO AJ
[1] This application in terms of Section 166 of The Labour Relations Act[1], is for Leave to Appeal against a final decision of the Court dated 26 June 2014 in this matter.
[2] Grounds of appeal have been outlined by the applicant. The first respondent opposed this application.
[3] I have applied my mind in all submission made regarding this application and concluded that I do not find that there are reasonable prospects of another court coming to a conclusion materially different from the one reached by this Court due to the lack of substance on the grounds for the appeal.
[4] Accordingly:
4.1 the applicant for Leave to Appeal is dismissed; and
4.2 no cost order is made.
________________________
Mhlongo, AJ:
Acting Judge Labour Court
APPEARANCES:
For the Applicant:
Advocate C Nel
Instructed by:
Calitz Crockhart & Associates
For the Respondent: Advocate L Naidoo
Instructed by:
Kathy James Attorneys
[1] Labour Relations Act 66 of 1995