Hadebe v South African Local Government and Others (D504/12) [2014] ZALCD 59 (5 November 2014)

Hadebe v South African Local Government and Others (D504/12) [2014] ZALCD 59 (5 November 2014)

The court considered all the grounds of appeal submitted by the third respondent and found that there are reasonable prospects that another court might reach a conclusion materially different from the one reached by the Labour Court. Therefore, leave to appeal is granted on all grounds outlined by the third respondent.

Citation
[2014] ZALCD 59
Parties
Applicant: Lovedale Moderate Zibuyile Hadebe; Respondent: South African Local Government; Respondent: Humphrey Ndabo N O; Respondent: Ethekwini Municipality – Metro Water
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
5 November 2014
Case Number
D504/12
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Final Judgment
Outcome
Leave to appeal granted on all grounds outlined by the third respondent.
Judges
Mhlongo
Legal Topics
Leave to Appeal, Labour Relations Act, Reasonable Prospects of Success
Labour Law Leave to Appeal Labour Relations Act Reasonable Prospects of Success

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Lovedale Moderate Zibuyile Hadebe

Applicant

South African Local Government

Respondent

Humphrey Ndabo N O

Respondent

Ethekwini Municipality – Metro Water

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Final Judgment

Legal Issues

  1. 1 Whether leave to appeal should be granted against the final decision of the Labour Court dated 11 June 2014.
  2. 2 Whether the grounds of appeal raised by the third respondent have reasonable prospects of success.

Ratio Decidendi

The court considered all the grounds of appeal submitted by the third respondent and found that there are reasonable prospects that another court might reach a conclusion materially different from the one reached by the Labour Court. Therefore, leave to appeal is granted on all grounds outlined by the third respondent.

Court Disposition

Leave to appeal granted on all grounds outlined by the third respondent.

Orders

  • The application for leave to appeal is granted on all grounds outlined by the third respondent.
  • Costs are costs in the appeal.