Leithcon Machinery CC v Mphuma (JS 969/2016) [2018] ZALCJHB 418 (18 December 2018)

Leithcon Machinery CC v Mphuma (JS 969/2016) [2018] ZALCJHB 418 (18 December 2018)

The court held that the application for leave to appeal was an irregular step given the nature of the order granted, which simply made a settlement agreement an order of court under section 158(1)(c) of the LRA. There was no basis for appeal in these circumstances, and the merits of the application did not require consideration.

Citation
[2018] ZALCJHB 418
Parties
Applicant: Leithcon Machinery CC; Respondent: Hangweni Ebenezer Mphuma
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 December 2018
Case Number
JS 969/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following a Court Order Making a Settlement Agreement an Order of Court.
Outcome
Application for leave to appeal dismissed.
Judges
E Tlhotlhalemaje
Legal Topics
Leave to Appeal, Settlement Agreement, Section 158 1 C Lra
Labour Law Civil Procedure Leave to Appeal Settlement Agreement Section 158 1 C Lra

Case Brief

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Parties

Leithcon Machinery CC

Applicant

Hangweni Ebenezer Mphuma

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following a Court Order Making a Settlement Agreement an Order of Court.

Legal Issues

  1. 1 Whether the application for leave to appeal is competent in circumstances where the order made was to make a settlement agreement an order of court under section 158(1)(c) of the LRA.

Ratio Decidendi

The court held that the application for leave to appeal was an irregular step given the nature of the order granted, which simply made a settlement agreement an order of court under section 158(1)(c) of the LRA. There was no basis for appeal in these circumstances, and the merits of the application did not require consideration.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.