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
Summary, issues, holding and outcome
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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
Legal Issues
- 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.
Full Case Text
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