South Africa Judgment

Labour Court Johannesburg

Gordan v Pindulo VDM (Pty) Limited (JS1050/19) [2021] ZALCJHB 287 (23 September 2021)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court found that, after considering the grounds for leave to appeal, the application did not disclose reasonable prospects of success. The judge was not persuaded that another court would reach a different conclusion. 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.

02

Material facts

Parties

Craig Gordan

Applicant

Pindulo VDM PTY Limited

Respondent

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal

04

Questions and positions

Legal issues

Whether the application for leave to appeal has reasonable prospects of success.

Party arguments

Applicant
The applicant contended that the judgment handed down on 04 August 2021 was incorrect and sought leave to appeal on the grounds that there were reasonable prospects of success on appeal.
Respondent
The respondent opposed the application, arguing that the grounds advanced by the applicant did not demonstrate any reasonable prospects of success and that the judgment was correctly decided.

05

Court’s reasoning

  1. 01

    Section 17(1) of the Superior Courts Act, 10 of 2013

    Leave to appeal will only be granted where there are reasonable prospects that another court may come to a different conclusion.

06

Ratio, limits and disposition

Ratio decidendi

The court found that, after considering the grounds for leave to appeal, the application did not disclose reasonable prospects of success. The judge was not persuaded that another court would reach a different conclusion. Accordingly, the application for leave to appeal was refused.

Court disposition

Application for leave to appeal refused.

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

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

Judgment

[2021] ZALCJHB 287

THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

Case no: JS 1050/19

In the matter between:

CRAIG GORDAN Applicant

and

PINDULO

VDM PTY LIMITED Respondent

Heard: In Chambers

Delivered: 23 September 2021 (This judgment was handed down electronically by distributing copies thereof to the respective parties. The delivery date is deemed to be 23 September 2021).

JUDGMENT –

APPLICATION FOR LEAVE TO APPEAL

MOSHOANA, J

[1] This is an application for leave to appeal against the judgment of this court handed down on 04 August 2021.

[2] Having considered the grounds for leave to appeal, I come to the conclusion that the application lacks reasonable prospects of success.

Order

1. The application for leave to appeal is refused.

2. There is no order as to costs.

G. N. Moshoana

Judge of the Labour Court of South Africa

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.

Superior Courts Act, 10 of 2013

Legislation

Legislation referenced in the available case record.

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