Justice for All Workers of South Africa (JAWSA) v Molefe N.O. and Another - Application for Leave to Appeal (J709/23) [2023] ZALCJHB 228 (10 July 2023)
The court found that, after considering the grounds for leave to appeal, the application did not disclose any reasonable prospects of success. The applicant failed to demonstrate that another court would likely reach a different conclusion on the merits of the case. Accordingly, the application for leave to appeal...
Source-derived case information.
- Citation
- [2023] ZALCJHB 228
- Parties
- Applicant: Justice for All Workers of South Africa (JAWSA); Respondent: Adv. Lehloholono Molefe N.O.; Respondent: The Department of Labour and Employment
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- J 709/23
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal
- Outcome
- Application for leave to appeal refused.
- Judges
- G. N. Moshoana
- Legal Topics
- Leave to Appeal, Prospects of Success
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Justice for All Workers of South Africa (JAWSA)
Applicant
Adv. Lehloholono Molefe N.O.
Respondent
The Department of Labour and Employment
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Legal Issues
- 1 Whether the application for leave to appeal has reasonable prospects of success.
Ratio Decidendi
The court found that, after considering the grounds for leave to appeal, the application did not disclose any reasonable prospects of success. The applicant failed to demonstrate that another court would likely reach a different conclusion on the merits of the case. 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 with no order as to costs.
Full Case Text
Judgment text and source record
14 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Case no: J 709/23
In the matter between: JUSTICE FOR ALL WORKERS OF SOUTH AFRICA (JAWSA) Applicant And ADV. LEHLOHOLONO MOLEFE N.O. First Respondent THE DEPARTMENT OF LABOUR AND EMPLOYMENT Second Respondent
Heard: In Chambers
Delivered: 10 July 2023
JUDGMENT –
APPLICATION FOR LEAVE TO APPEAL
MOSHOANA, J
[1] This is an application for leave to appeal against the judgment and order of this Court handed down on 30 May 2023.
[2] Having considered the grounds for leave to appeal, I come to the conclusion that the application has no reasonable prospects of success.
Order
1. The application for leave to appeal is refused with no order as to costs.
G. N. Moshoana
Judge of the Labour Court of South Africa