Maestro Housing (Pty) Ltd v Gunn and Others (JR 3095/11) [2015] ZALCJHB 34 (13 February 2015)

Maestro Housing (Pty) Ltd v Gunn and Others (JR 3095/11) [2015] ZALCJHB 34 (13 February 2015)

The court found that the applicant’s grounds for leave to appeal merely repeated arguments already considered and rejected in the original judgment. The commissioner’s decision was one to which a reasonable decision-maker could come, and the case did not meet the threshold for judicial interference. There were no reasonable prospects that another court would reach a different conclusion. Accordingly, leave to appeal was refused.

Citation
[2015] ZALCJHB 34
Parties
Applicant: Maestro Housing (Pty) Ltd; Respondent: Harry Arthur Gunn; Respondent: Sello Naniso N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 February 2015
Case Number
JR 3095/11
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed.
Judges
Cele
Legal Topics
Review of Arbitration Award, Leave to Appeal, Reasonable Decision Maker, Costs Order
Labour Law Review of Arbitration Award Leave to Appeal Reasonable Decision Maker Costs Order

Case Brief

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Parties

Maestro Housing (Pty) Ltd

Applicant

Harry Arthur Gunn

Respondent

Sello Naniso N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether there are reasonable prospects that another court may reach a different conclusion on the review of the arbitration award.
  2. 2 Whether the commissioner’s decision was so unreasonable that no reasonable decision-maker could have reached it.
  3. 3 Whether leave to appeal should be granted.

Ratio Decidendi

The court found that the applicant’s grounds for leave to appeal merely repeated arguments already considered and rejected in the original judgment. The commissioner’s decision was one to which a reasonable decision-maker could come, and the case did not meet the threshold for judicial interference. There were no reasonable prospects that another court would reach a different conclusion. Accordingly, leave to appeal was refused.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • No costs order is made.