DBT Technologies (Pty) Limited t/a DB Thermal v Garnevska (JS581/15) [2018] ZALCJHB 447 (8 June 2018)

DBT Technologies (Pty) Limited t/a DB Thermal v Garnevska (JS581/15) [2018] ZALCJHB 447 (8 June 2018)

The court found that, after careful consideration of the grounds raised by the applicant, there was nothing to persuade it that the Labour Appeal Court would overturn the judgment and order. The court was satisfied that it had properly applied its mind to all relevant issues and that the applicant's grounds for leave to appeal did not meet the threshold set by section 17 of the Superior Courts Act. As the respondent's application for leave to appeal was conditional on the applicant's success, and the applicant's application was refused, the respondent's application was struck off the roll.

Citation
[2018] ZALCJHB 447
Parties
Applicant: DBT Technologies (Pty) Limited t/a DB Thermal; Respondent: Mariela Garnevska
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 June 2018
Case Number
JS581/15
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Outcome
Leave to appeal refused; respondent's conditional leave to appeal struck off the roll; no order as to costs.
Judges
S Mabaso
Legal Topics
Automatic Unfair Dismissal, Compensation, Leave to Appeal, Costs Order
Labour Law Automatic Unfair Dismissal Compensation Leave to Appeal Costs Order

Case Brief

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Parties

DBT Technologies (Pty) Limited t/a DB Thermal

Applicant

Mariela Garnevska

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against the finding of automatic unfair dismissal and compensation awarded.
  2. 2 Whether the respondent's conditional application for leave to appeal for increased compensation and costs should be entertained.

Ratio Decidendi

The court found that, after careful consideration of the grounds raised by the applicant, there was nothing to persuade it that the Labour Appeal Court would overturn the judgment and order. The court was satisfied that it had properly applied its mind to all relevant issues and that the applicant's grounds for leave to appeal did not meet the threshold set by section 17 of the Superior Courts Act. As the respondent's application for leave to appeal was conditional on the applicant's success, and the applicant's application was refused, the respondent's application was struck off the roll.

Court Disposition

Leave to appeal refused; respondent's conditional leave to appeal struck off the roll; no order as to costs.

Orders

  • The applicant’s application for leave to appeal is refused.
  • The respondent's conditional leave to appeal is struck off the roll.