Glencore Operations South Africa (Pty) Ltd v NUM and Others (JR2369-16) [2018] ZALCJHB 213 (20 June 2018)

Glencore Operations South Africa (Pty) Ltd v NUM and Others (JR2369-16) [2018] ZALCJHB 213 (20 June 2018)

After considering the grounds for leave to appeal and the written submissions, the court found that the applicant failed to demonstrate that the appeal would have a reasonable prospect of success. The grounds raised were the same as those addressed in the initial judgment, and no new compelling reasons were presented. The statutory requirements for granting leave to appeal were not met. Accordingly, the application for leave to appeal was dismissed. The court also found no reason to make a costs order in respect of the application.

Citation
[2018] ZALCJHB 213
Parties
Applicant: Glencore Operations South Africa (Pty) Ltd; Respondent: NUM; Respondent: Michael Nkomonye; Respondent: The Commission for Conciliation, Mediation and Arbitration; Respondent: M A Mashegoana N O
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 June 2018
Case Number
JR2369-16
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed.
Judges
Coetzee
Legal Topics
Leave to Appeal, Reasonable Prospect of Success, Costs Order, Review Application
Labour Law Civil Procedure Leave to Appeal Reasonable Prospect of Success Costs Order Review Application

Case Brief

Summary, issues, holding and outcome

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Parties

Glencore Operations South Africa (Pty) Ltd

Applicant

NUM

Respondent

Michael Nkomonye

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

M A Mashegoana N O

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown reasonable prospects of success on appeal.
  2. 2 Whether there are compelling reasons for granting leave to appeal.
  3. 3 Whether a costs order should be made in the leave to appeal application.

Ratio Decidendi

After considering the grounds for leave to appeal and the written submissions, the court found that the applicant failed to demonstrate that the appeal would have a reasonable prospect of success. The grounds raised were the same as those addressed in the initial judgment, and no new compelling reasons were presented. The statutory requirements for granting leave to appeal were not met. Accordingly, the application for leave to appeal was dismissed. The court also found no reason to make a costs order in respect of the application.

Court Disposition

Application for leave to appeal dismissed.

Orders

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