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South Africa Ruling

Labour Court Johannesburg

Feni v Pan South African Language Board (J859/13) [2013] ZALCJHB 285 (31 October 2013)

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Professional case brief

Research organized from the available case record

Source document

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

Applicant

Pan South African Language Board

Respondent

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal Following Dismissal of Urgent Application.

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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

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Judgment reading view

Judgment text

The complete available source text.

Source document

Labour Court Johannesburg

Ruling

[2013] ZALCJHB 285

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

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Labour Relations Act, 1995

Legislation

Legislation referenced in the available case record.

Labour Court Rules

Legislation

Legislation referenced in the available case record.

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