EOH Abantu (Pty) Ltd v CCMA and Others (JR1209/12) [2017] ZALCJHB 498 (8 December 2017)
- Citation
- [2017] ZALCJHB 498
- Status
- Ruling
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- Steenkamp
- Case number
- JR1209/12
More details
- Court
- Labour Court Johannesburg
- Panel
- Steenkamp
- Case number
- JR1209/12
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that there are prospects that another court could reach a different conclusion on the issues decided in the judgment of 13 June 2017. Accordingly, leave to appeal is granted.
Court disposition
Leave to appeal is granted. Costs are to be costs in the cause of the appeal.
Orders
- Leave to appeal is granted.
- Costs are to be costs in the cause of the appeal.
02
Material facts
Parties
EOH ABANTU (PTY) LTD
Applicant Counsel: M A LennoxCCMA
RespondentBONGANI KHUMALO N.O.
RespondentBRETT DANNEY
Respondent Counsel: Allardyce & Partners03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
04
Questions and positions
Legal issues
Whether leave to appeal should be granted against the judgment delivered on 13 June 2017.
Party arguments
- Applicant
- The applicant contends that there are reasonable prospects that another court may reach a different conclusion on the issues decided in the judgment of 13 June 2017.
- Respondent
- The respondents did not advance arguments opposing leave to appeal, or their submissions did not persuade the court that leave should be refused.
05
Court’s reasoning
Legal principles
- 01
Section 17(1)(a)(i) of the Superior Courts Act, 10 of 2013
Leave to appeal should be granted where there are reasonable prospects that another court may come to a different conclusion.
06
Ratio, limits and disposition
Ratio decidendi
The court found that there are prospects that another court could reach a different conclusion on the issues decided in the judgment of 13 June 2017. Accordingly, leave to appeal is granted.
Obiter and limits
- The delay in bringing the parties' submissions to the judge's attention was unexplained.
Court disposition
Leave to appeal is granted. Costs are to be costs in the cause of the appeal.
- Leave to appeal is granted.
- Costs are to be costs in the cause of the appeal.
Source and reliance status
Labour Court Johannesburg
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 Johannesburg
Ruling
REPUBLIC
OF SOUTH AFRICA
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
JUDGMENT
Case no: JR 1209/12
In the matter between:
EOH ABANTU (PTY) LTD Applicant and
CCMA First Respondent
BONGANI KHUMALO N.O. Second Respondent
BRETT
DANNEY Third Respondent
Delivered: 8 December 2017
RULING
ON LEAVE TO APPEAL
STEENKAMP J
[1] The applicant seeks leave to appeal against my judgment of 13 June 2017.
[2] The parties filed submissions in terms of rule 30(3A) on 4 July and 11 August 2017 respectively. This was only brought to my attention today, 6 December 2017. I don’t know why.
[3] I am persuaded that there are prospects that another could come to a different conclusion.
Order
Leave to appeal is granted. Costs are to be costs in the cause of the appeal.
_______
Steenkamp J
Judge of the Labour Court of South Africa
APPEARANCES APPLICANT: M A Lennox Instructed by Botoulas Krause & Da Silva.
THIRD RESPONDENT: Allardyce & Partners.
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