Denel (SOC) Ltd v Kleyhans and Others (JR 610/20) [2022] ZALCJHB 79 (29 March 2022)

Denel (SOC) Ltd v Kleyhans and Others (JR 610/20) [2022] ZALCJHB 79 (29 March 2022)

The court found, after considering the grounds for leave to appeal, that the application does not have reasonable prospects of success. The applicant failed to demonstrate that another court would likely reach a different conclusion. Accordingly, leave to appeal was refused.

Citation
[2022] ZALCJHB 79
Parties
Applicant: Denel (SOC) Ltd; Respondent: Theo Kleyhans; Respondent: Commissioner Werner Kruger N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 March 2022
Case Number
JR 610/20
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal refused.
Judges
G. N. Moshoana
Legal Topics
Leave to Appeal, Prospects of Success, Costs Order
Labour Law Leave to Appeal Prospects of Success Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

Denel (SOC) Ltd

Applicant

Theo Kleyhans

Respondent

Commissioner Werner Kruger N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the application for leave to appeal has reasonable prospects of success.
  2. 2 Whether costs should be awarded in the application for leave to appeal.

Ratio Decidendi

The court found, after considering the grounds for leave to appeal, that the application does not have reasonable prospects of success. The applicant failed to demonstrate that another court would likely reach a different conclusion. Accordingly, leave to appeal was refused.

Court Disposition

Application for leave to appeal refused.

Orders

  • The application for leave to appeal is refused with no order as to costs.