Feni v Pan South African Language Board (J859/13) [2013] ZALCJHB 285 (31 October 2013)
- Citation
- [2013] ZALCJHB 285
- Status
- Ruling
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- Prinsloo
- Case number
- J859/13
More details
- Court
- Labour Court Johannesburg
- Panel
- Prinsloo
- Case number
- J859/13
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court considered the applicant's submissions for leave to appeal following the dismissal of his urgent application. As the application was unopposed and the requirements of Rule 30(3A) were satisfied, the court found that leave to appeal should be granted. The decision was made in chambers without oral argument.
Court disposition
Leave to appeal is granted.
Orders
- The application for leave to appeal is granted.
02
Material facts
Parties
Zixolisile Feni
ApplicantPan South African Language Board
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Urgent Application.
04
Questions and positions
Legal issues
- 01
Whether leave to appeal should be granted following the dismissal of the applicant's urgent application.
- 02
Whether the requirements of Rule 30(3A) have been met.
Party arguments
- Applicant
- The applicant seeks leave to appeal the dismissal of his urgent application, submitting that the court erred in its judgment and that there are reasonable prospects of success on appeal. Submissions were made in terms of Rule 30(3A).
- Respondent
- The application for leave to appeal is unopposed; the respondent did not file any submissions or opposition.
05
Court’s reasoning
Legal principles
- 01
Labour Relations Act, 1995
Leave to appeal may be granted if there are reasonable prospects that another court may come to a different conclusion.
- 02
Labour Court Rules
Rule 30(3A) governs the procedure for applications for leave to appeal in the Labour Court.
06
Ratio, limits and disposition
Ratio decidendi
The court considered the applicant's submissions for leave to appeal following the dismissal of his urgent application. As the application was unopposed and the requirements of Rule 30(3A) were satisfied, the court found that leave to appeal should be granted. The decision was made in chambers without oral argument.
Court disposition
Leave to appeal is granted.
- The application for leave to appeal is granted.
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
Not Reportable
Case no: J859/13
In the matter between:
ZIXOLISILE FENI ........................................................................................Applicant
and
PAN SOUTH AFRICAN LANGUAGE BOARD .......................................Respondent
Heard : In Chambers
Judgment : 31 October 2013
JUDGMENT-APPLICATION FOR LEAVE TO APPEAL
PRINSLOO A.J
[1] This is an application for leave to appeal against the judgment of this Court wherein the Applicant’s urgent application was dismissed and submitted submissions in terms of the provisions of Rule 30(3A).
[2] The application for leave to appeal is unopposed.
[3] In the event I make the following order:
3.1 The application for leave to appeal is granted.
.
_______
PRINSLOO AJ.
Acting Judge of the Labour Court
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