Dorey v TSB Sugar RSA Ltd (JS287/12) [2017] ZALCCT 31 (30 June 2017)
- Citation
- [2017] ZALCCT 31
- Status
- Ruling
- Jurisdiction
- South Africa
- Court
- Labour Court Cape Town
- Panel
- GN Moshoana
- Case number
- JS287/12
More details
- Court
- Labour Court Cape Town
- Panel
- GN Moshoana
- Case number
- JS287/12
On this page
Professional case brief
Research organized from the available case record
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 LancasterTSB Sugar RSA Ltd
Respondent Counsel: O Mooki03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal After Judgment and Order Granted in Trial Court
04
Questions and positions
Legal issues
- 01
Whether there are reasonable prospects that another court may arrive at a different conclusion regarding the finding of automatic unfair dismissal.
- 02
Whether leave to appeal should be granted in terms of section 17(1) of the Superior Courts Act.
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
Legal principles
- 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.
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court Cape Town
Ruling
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)
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.