Mabuza v Metal and Engineering Industries Bargaining Council and Others (JR496/13) [2015] ZALCJHB 292 (3 September 2015)

Mabuza v Metal and Engineering Industries Bargaining Council and Others (JR496/13) [2015] ZALCJHB 292 (3 September 2015)

The court found that the applicant failed to disclose any valid ground for leave to appeal. The applicant's submission that he had now corrected procedural defects was not a basis for granting leave to appeal. Furthermore, the application did not suggest that another court might reasonably reach a different...

Source-derived case information.

Citation
[2015] ZALCJHB 292
Parties
Applicant: Mfanimpela Mabuza; Respondent: Metal and Engineering Industries Bargaining Council; Respondent: Joseph Mphaphuli N.O; Respondent: Automatic Mass Production
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
3 September 2015
Case Number
JR496/13
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Leave to appeal is refused.
Judges
Van Niekerk
Legal Topics
Leave to Appeal, Review of Arbitration Award, Condonation, Rescission Application
Labour Law Civil Procedure Leave to Appeal Review of Arbitration Award Condonation Rescission Application

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Parties

Mfanimpela Mabuza

Applicant

Metal and Engineering Industries Bargaining Council

Respondent

Joseph Mphaphuli N.O

Respondent

Automatic Mass Production

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether the applicant has disclosed valid grounds for leave to appeal against the dismissal of the review application.
  2. 2 Whether procedural defects corrected after the fact justify granting leave to appeal.

Ratio Decidendi

The court found that the applicant failed to disclose any valid ground for leave to appeal. The applicant's submission that he had now corrected procedural defects was not a basis for granting leave to appeal. Furthermore, the application did not suggest that another court might reasonably reach a different conclusion regarding the review application. Accordingly, leave to appeal was refused.

Court Disposition

Leave to appeal is refused.

Orders

  • Leave to appeal is refused.