Gauteng Chickens v Horn and Others (JR 1672/19) [2020] ZALCJHB 242 (20 October 2020)

Gauteng Chickens v Horn and Others (JR 1672/19) [2020] ZALCJHB 242 (20 October 2020)

The court considered the grounds for leave to appeal as set out in the notice of appeal and supporting submissions. Upon review, the court found no basis to conclude that there were reasonable prospects of success or any compelling reason to grant leave to appeal. The applicant failed to demonstrate that the appeal would likely succeed or that there were conflicting judgments or exceptional circumstances justifying the appeal. Accordingly, the application for leave to appeal was refused.

Citation
[2020] ZALCJHB 242
Parties
Applicant: Gauteng Chickens; Respondent: Sharon Rose Horn; Respondent: Commissioner Daizy Manzana; Respondent: Commission for Conciliation, Mediation & Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 October 2020
Case Number
JR 1672/19
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application.
Outcome
Application for leave to appeal refused.
Judges
S Mabaso
Legal Topics
Leave to Appeal, Prospects of Success, Review Application, Costs Order
Labour Law Leave to Appeal Prospects of Success Review Application Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

Gauteng Chickens

Applicant

Sharon Rose Horn

Respondent

Commissioner Daizy Manzana

Respondent

Commission for Conciliation, Mediation & Arbitration

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has demonstrated reasonable prospects of success on appeal.
  2. 2 Whether there are compelling reasons for granting leave to appeal.

Ratio Decidendi

The court considered the grounds for leave to appeal as set out in the notice of appeal and supporting submissions. Upon review, the court found no basis to conclude that there were reasonable prospects of success or any compelling reason to grant leave to appeal. The applicant failed to demonstrate that the appeal would likely succeed or that there were conflicting judgments or exceptional circumstances justifying the appeal. Accordingly, the application for leave to appeal was refused.

Court Disposition

Application for leave to appeal refused.

Orders

  • The application for leave to appeal is refused.
  • There is no order as to costs.