Kapa v Phundu and Others (JR931/19) [2021] ZALCJHB 366 (6 October 2021)

Kapa v Phundu and Others (JR931/19) [2021] ZALCJHB 366 (6 October 2021)

The court considered the grounds advanced for leave to appeal and found that they do not establish reasonable prospects of success. The application fails to demonstrate that another court would likely reach a different conclusion. Accordingly, leave to appeal is refused.

Citation
[2021] ZALCJHB 366
Parties
Applicant: Grace Kapa; Respondent: Commissioner Paul Phundu; Respondent: Commission of Conciliation Mediation and Arbitration; Respondent: Netcare Olivedale Hospital
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 October 2021
Case Number
JR931/19
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, Reasonable Prospects of Success

Case Brief

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Parties

Grace Kapa

Applicant

Commissioner Paul Phundu

Respondent

Commission of Conciliation Mediation and Arbitration

Respondent

Netcare Olivedale Hospital

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

  1. 1 Whether the application for leave to appeal has reasonable prospects of success.

Ratio Decidendi

The court considered the grounds advanced for leave to appeal and found that they do not establish reasonable prospects of success. The application fails to demonstrate that another court would likely reach a different conclusion. Accordingly, leave to appeal is 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.