South Africa Ruling

Labour Court Cape Town

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

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

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.

02

Material facts

Parties

Madeline Dorey

Applicant Counsel: S Lancaster

TSB Sugar RSA Ltd

Respondent Counsel: O Mooki

03

Procedural history

  1. Posture

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

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant contended that her dismissal was automatically unfair as it contravened the Protected Disclosure Act. She argued that the grounds for leave to appeal were substantial and that another court might reach a different conclusion.
Respondent
The respondent opposed the application for leave to appeal, maintaining that the applicant failed to meet the statutory test for leave and that there were no reasonable prospects of success on appeal.

05

Court’s reasoning

  1. 01

    Section 17(1) of the Superior Courts Act 10 of 2013

    Leave to appeal should only be granted if there are reasonable prospects that another court may come to a different conclusion.

  2. 02

    Seathlolo and Another v CEPPWAWU and others [2016] 37 ILJ 1485 (LC)

    The test for granting leave to appeal is whether the applicant has demonstrated reasonable prospects of success.

06

Ratio, limits and disposition

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.

Obiter and limits

  • The test for leave to appeal remains that of reasonable prospects that another court may arrive at a different conclusion.
  • If an applicant fails to meet the test, leave should be refused.

Court disposition

Application for leave to appeal dismissed with costs.

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

Source and reliance status

Labour Court Cape Town

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Judgment reading view

Judgment text

The complete available source text.

Source document

Labour Court Cape Town

Ruling

[2017] ZALCCT 31

IN THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN

Not Reportable

case no: JS 287/12

In the matter between:

MADELINE DOREY Applicant

and

TSB

SUGAR RSA LTD Respondent

Heard: 22 June 2017 (In Chambers)

Delivered: 30 June 2017

Summary: Application for leave to appeal. The test remains that of reasonable prospects that another court may arrive at a different conclusion. Held: (1) The application for leave to appeal is dismissed with costs.

JUDGMENT-LEAVE

TO APPEAL

MOSHOANA, AJ

Introduction

[1] This is an application for leave to appeal against the whole judgment and order of this court handed down on 03 May 2017. The application is opposed.

Background facts

[2] The applicant, Ms Dorey was charged and dismissed for alleged misconduct. The applicant considered her dismissal to be in contravention of the Protected Disclosure Act and accordingly automatically unfair. She approached this court for relief. After a protracted trial, this court concluded that her dismissal is automatically unfair and granted her maximum compensation. The respondent, TSB Sugar was aggrieved thereby and launched the present application for leave to appeal.

Evaluation

[3] The test whether leave to appeal should be granted remains that spelled out in section 17(1) of the Superior Courts Act[1]. If an applicant fails to meet the test, like the applicant before me, leave should be refused. I have carefully considered the applicant’s grounds for leave to appeal and I am firmly of the view that there are no reasonable prospects that another court may come to a different conclusion.

[4] Accordingly, I conclude that the application should fail.

Order

[4] In the results, I make the following order:

1. The application for leave to appeal is hereby dismissed.

2. The respondent, TSB Sugar is to pay the costs.

_______

GN Moshoana

Acting Judge of the Labour Court of South Africa

Appearances

For the Applicant: S Lancaster of Lancaster Kungoane Attorneys, Centurion.

For the Respondent: Adv O Mooki, instructed by Norton Rose Fulbright SA Inc, Sandton.

[1] Act 10 of 2013. See Seathlolo and Another v CEPPWAWU and others [2016] 37 ILJ 1485 (LC)

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Seathlolo and Another v CEPPWAWU and others [2016] 37 ILJ 1485 (LC)

Case cited

Protected Disclosure Act

Legislation

Legislation referenced in the available case record.

Superior Courts Act 10 of 2013

Legislation

Legislation referenced in the available case record.

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