Dorey v TSB Sugar RSA Ltd (JS287/12) [2017] ZALCCT 31 (30 June 2017)

Dorey v TSB Sugar RSA Ltd (JS287/12) [2017] ZALCCT 31 (30 June 2017)

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

Citation
[2017] ZALCCT 31
Parties
Applicant: Madeline Dorey; Respondent: TSB Sugar RSA Ltd
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
30 June 2017
Case Number
JS287/12
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment and Order Granted in Trial Court
Outcome
Application for leave to appeal dismissed with costs.
Judges
GN Moshoana
Legal Topics
Protected Disclosure Act, Automatic Unfair Dismissal, Leave to Appeal, Reasonable Prospects of Success
Labour Law Protected Disclosure Act Automatic Unfair Dismissal Leave to Appeal Reasonable Prospects of Success

Case Brief

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Parties

Madeline Dorey

Applicant

TSB Sugar RSA Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment and Order Granted in Trial Court

Legal Issues

  1. 1 Whether there are reasonable prospects that another court may arrive at a different conclusion regarding the finding of automatic unfair dismissal.
  2. 2 Whether leave to appeal should be granted in terms of section 17(1) of the Superior Courts Act.

Ratio Decidendi

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

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The respondent, TSB Sugar RSA Ltd, is to pay the costs.