Coreslab v Commission for Conciliation Mediation and Arbitration and Others (JR759/2012) [2017] ZALCJHB 255 (30 June 2017)

Coreslab v Commission for Conciliation Mediation and Arbitration and Others (JR759/2012) [2017] ZALCJHB 255 (30 June 2017)

The court found that the applicant failed to meet the statutory test for leave to appeal as set out in section 17(1) of the Superior Courts Act. After considering the grounds for leave to appeal, the judge concluded that there were no reasonable prospects that another court would reach a different conclusion. Accordingly, the application for leave to appeal was dismissed.

Citation
[2017] ZALCJHB 255
Parties
Applicant: Coreslab; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Mahlawule N.O; Respondent: NUM obo Mphahlele David
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
30 June 2017
Case Number
JR759/2012
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Review
Outcome
Application for leave to appeal dismissed.
Judges
GN Moshoana
Legal Topics
Leave to Appeal, Unfair Dismissal, Review of Arbitration Award
Labour Law Leave to Appeal Unfair Dismissal Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Coreslab

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Mahlawule N.O

Respondent

NUM obo Mphahlele David

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Review

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal.
  2. 2 Whether leave to appeal should be granted under section 17(1) of the Superior Courts Act.

Ratio Decidendi

The court found that the applicant failed to meet the statutory test for leave to appeal as set out in section 17(1) of the Superior Courts Act. After considering the grounds for leave to appeal, the judge concluded that there were no reasonable prospects that another court would reach a different conclusion. 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.