Job Myboy Mlambo and Others v Choppies South Africa (Pty) Ltd (Leave to Appeal) (JS168/15) [2024] ZALCJHB 7 (16 January 2024)
The Court found that there are prospects of success on some of the orders made in the original judgment, specifically regarding the joinder of parties, the relief of reinstatement for Mr Mabusela, and the compensation awarded to certain employees. In the interest of justice, leave to appeal is granted to allow these...
Source-derived case information.
- Citation
- [2024] ZALCJHB 7
- Parties
- Applicant: Job Myboy Mlambo and Others; Respondent: Choppies South Africa (Pty) Ltd
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JS168/15
- Procedural Posture
- Leave to Appeal / Leave to Appeal Application
- Outcome
- Leave to appeal is granted.
- Judges
- M Baloyi
- Legal Topics
- Leave to Appeal, Reinstatement, Compensation, Joinder of Parties
Source-derived case record
Summary, issues, holding and outcome
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Parties
Job Myboy Mlambo and Others
Applicant
Choppies South Africa (Pty) Ltd
Respondent
Procedural Posture
Leave to Appeal / Leave to Appeal Application
Legal Issues
- 1 Whether leave to appeal should be granted regarding the joinder of individuals not initially before the Court.
- 2 Whether the relief of reinstatement awarded to Mr Mabusela was appropriate given the closure of the Rustenburg branch.
- 3 Whether compensation awarded to the Koster, Lichtenburg and Swaartruggens employees was justified.
Ratio Decidendi
The Court found that there are prospects of success on some of the orders made in the original judgment, specifically regarding the joinder of parties, the relief of reinstatement for Mr Mabusela, and the compensation awarded to certain employees. In the interest of justice, leave to appeal is granted to allow these issues to be considered by a higher court.
Court Disposition
Leave to appeal is granted.
Orders
- The application for leave to appeal is granted.
- There is no order as to costs.
Full Case Text
Judgment text and source record
29 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not reportable
Case No: JS168/15
In the matter between:
JOB MYBOY MLAMBO AND OTHERS
Applicant
and
CHOPPIES SOUTH AFRICA (PTY) LTD
Respondent
Heard: 16 January 2024 (In Chambers)
Delivered: 16 January 2024
JUDGMENT –
LEAVE TO APPEAL
BALOYI, AJ
Introduction
[1] The respondent has approached this Court seeking leave to appeal against certain portions of the orders made in the judgment prepared by myself and handed down on 27 October 2023.
The issues
[2] The respondent’s application rests on three issues. Firstly, the Court allowed individuals who were not initially before the Court to be parties in the matter. Secondly, Mr Mabusela was awarded a relief of reinstatement given the closure of the Rustenburg branch. Thirdly, the finding in favour of the Koster, Lichtenburg and Swaartruggens employees who are awarded compensation.
[3] At the time of considering this application, the applicant’s written submissions were not part of the Court file documents. The time within which such submissions were to be filed had expired.
[4] After having considered the application, read with the orders made, I have come to the conclusion that there are prospects of success on some of the orders made.
[5] It will therefore be in the interest of justice to have the appeal heard.
[6] In the premises, the following order is made:
Order
1.
The application for leave to appeal is granted.
2.
There is no order as to costs.
M Baloyi
Acting Judge of the Labour Court of South Africa