Engelbrecht v Fraser Alexander (Pty) Ltd (JS518/2014) [2016] ZALCJHB 146 (8 April 2016)

Engelbrecht v Fraser Alexander (Pty) Ltd (JS518/2014) [2016] ZALCJHB 146 (8 April 2016)

The court, after considering the submissions of both parties and reviewing its previous judgment, found no reasonable prospect that another court would reach a different conclusion regarding the substantive fairness of the applicant's retrenchment or the compensation awarded. The application for leave to appeal was...

Source-derived case information.

Citation
[2016] ZALCJHB 146
Parties
Applicant: Barend Johannes Jakobus Engelbrecht; Respondent: Fraser Alexander (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 April 2016
Case Number
JS518/2014
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Retrenchment Dispute
Outcome
Application for leave to appeal dismissed with costs.
Judges
AC Basson
Legal Topics
Retrenchment, Substantive Fairness, Compensation Award, Leave to Appeal
Labour Law Retrenchment Substantive Fairness Compensation Award Leave to Appeal

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Summary, issues, holding and outcome

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Parties

Barend Johannes Jakobus Engelbrecht

Applicant

Fraser Alexander (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Retrenchment Dispute

Legal Issues

  1. 1 Whether there is a reasonable prospect that another court would reach a different conclusion regarding the substantive fairness of the applicant's retrenchment.
  2. 2 Whether the compensation awarded to the applicant was appropriate and justified.

Ratio Decidendi

The court, after considering the submissions of both parties and reviewing its previous judgment, found no reasonable prospect that another court would reach a different conclusion regarding the substantive fairness of the applicant's retrenchment or the compensation awarded. The application for leave to appeal was therefore dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.