Erasmus v Commission for Conciliation Mediation And Arbitration and Others (JR36/04) [2009] ZALCJHB 67 (15 September 2009)

Erasmus v Commission for Conciliation Mediation And Arbitration and Others (JR36/04) [2009] ZALCJHB 67 (15 September 2009)

The court found, after considering the grounds raised by the applicant and the submissions of both parties, that there are no reasonable prospects that another court would reach a different conclusion. The evidence and legal principles applied in the original judgment were sound, and the applicant failed to demonstrate any compelling reason for leave to appeal. Accordingly, the application for leave to appeal was dismissed.

Citation
[2009] ZALCJHB 67
Parties
Applicant: Colin Clinton Erasmus; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Terry Moodley N.O.; Respondent: Telkom SA Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
15 September 2009
Case Number
JR36/04
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed with no order as to costs.
Judges
Molahlehi
Legal Topics
Leave to Appeal, Review of Arbitration Award, Reasonable Prospects of Success
Labour Law Leave to Appeal Review of Arbitration Award Reasonable Prospects of Success

Case Brief

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Parties

Colin Clinton Erasmus

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Terry Moodley N.O.

Respondent

Telkom SA Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment dismissing the applicant's review application.
  2. 2 Whether there are reasonable prospects that another court may reach a different conclusion.

Ratio Decidendi

The court found, after considering the grounds raised by the applicant and the submissions of both parties, that there are no reasonable prospects that another court would reach a different conclusion. The evidence and legal principles applied in the original judgment were sound, and the applicant failed to demonstrate any compelling reason for leave to appeal. Accordingly, the application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed with no order as to costs.

Orders

  • The application for leave to appeal to the Labour Appeal Court is dismissed.
  • There is no order as to costs.