Lehari v Mhlave Investment Holdings (Pty) Ltd (J2297/08) [2011] ZALCJHB 245 (25 November 2011)

Lehari v Mhlave Investment Holdings (Pty) Ltd (J2297/08) [2011] ZALCJHB 245 (25 November 2011)

The court considered the submissions and the judgment delivered on 7 June 2011, applying the standard test for leave to appeal. It found that the respondent had made out a case for leave to appeal, as there are reasonable prospects that another court could reach a different conclusion. The application for condonation was not opposed and was granted. Consequently, leave to appeal to the Labour Appeal Court was granted.

Citation
[2011] ZALCJHB 245
Parties
Applicant: Lehari Makhosi; Respondent: Mhlave Investment Holdings (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
25 November 2011
Case Number
J2297/08
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Merits
Outcome
Leave to appeal to the Labour Appeal Court is granted.
Judges
Molahlehi
Legal Topics
Leave to Appeal, Condonation, Salary Claim, Costs Award
Labour Law Leave to Appeal Condonation Salary Claim Costs Award

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Lehari Makhosi

Applicant

Mhlave Investment Holdings (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Merits

Legal Issues

  1. 1 Whether leave to appeal should be granted to the Labour Appeal Court.
  2. 2 Whether condonation for late filing of the leave to appeal should be granted.

Ratio Decidendi

The court considered the submissions and the judgment delivered on 7 June 2011, applying the standard test for leave to appeal. It found that the respondent had made out a case for leave to appeal, as there are reasonable prospects that another court could reach a different conclusion. The application for condonation was not opposed and was granted. Consequently, leave to appeal to the Labour Appeal Court was granted.

Court Disposition

Leave to appeal to the Labour Appeal Court is granted.

Orders

  • Condonation for the late filing of the leave to appeal is granted.
  • Leave to appeal to the Labour Appeal Court is granted.