Exxaro Coal (Pty) Ltd Grootgeluk Coal Mine v Mushi (JR2311/15) [2018] ZALCJHB 443 (8 June 2018)

Exxaro Coal (Pty) Ltd Grootgeluk Coal Mine v Mushi (JR2311/15) [2018] ZALCJHB 443 (8 June 2018)

The court found that, in light of the decision in Glencore Holdings (Pty) Ltd & another v Sibeko & others, there exists a reasonable prospect that another court may reach a different conclusion regarding the fairness of the respondent's dismissal and the review of the arbitration award. Therefore, leave to appeal should be granted to allow the matter to be reconsidered by a higher court.

Citation
[2018] ZALCJHB 443
Parties
Applicant: Exxaro Coal (Pty) Ltd Grootgeluk Coal Mine; Respondent: Hosea Mushi
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 June 2018
Case Number
JR2311/15
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Review Judgment
Outcome
Leave to appeal is granted. Costs will be costs in the appeal.
Judges
Steenkamp
Legal Topics
Review of Arbitration Award, Unfair Dismissal, Leave to Appeal
Labour Law Review of Arbitration Award Unfair Dismissal Leave to Appeal

Case Brief

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Parties

Exxaro Coal (Pty) Ltd Grootgeluk Coal Mine

Applicant

Hosea Mushi

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Review Judgment

Legal Issues

  1. 1 Whether there is a reasonable prospect that another court might reach a different conclusion regarding the fairness of the respondent's dismissal.
  2. 2 Whether leave to appeal should be granted against the review judgment setting aside the arbitration award.

Ratio Decidendi

The court found that, in light of the decision in Glencore Holdings (Pty) Ltd & another v Sibeko & others, there exists a reasonable prospect that another court may reach a different conclusion regarding the fairness of the respondent's dismissal and the review of the arbitration award. Therefore, leave to appeal should be granted to allow the matter to be reconsidered by a higher court.

Court Disposition

Leave to appeal is granted. Costs will be costs in the appeal.

Orders

  • Leave to appeal is granted.
  • Costs to be costs in the appeal.