Malapane v Glencore Operations South Africa (Pty) Ltd (JR603/15) [2017] ZALCJHB 160 (3 May 2017)

Malapane v Glencore Operations South Africa (Pty) Ltd (JR603/15) [2017] ZALCJHB 160 (3 May 2017)

The Court considered the written submissions of both parties and determined that there exists a reasonable prospect of success on appeal regarding the grounds raised by the applicant. The grounds include the alleged failure to provide reasons for remitting the matter to the CCMA, the reversal of the Commissioner's credibility finding, and the finding of guilt on a charge not proffered. On this basis, the Court granted leave to appeal against the whole judgment and order handed down on 5 January 2017.

Citation
[2017] ZALCJHB 160
Parties
Applicant: Lethokgo Abram Malapane; Respondent: Glencore Operations South Africa (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
3 May 2017
Case Number
JR603/15
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Handed Down on 5 January 2017.
Outcome
Leave to appeal against the whole judgment and order is granted.
Judges
Malindi
Legal Topics
Review Proceedings, Arbitration De Novo, Credibility Findings, Substitution of Decision
Labour Law Review Proceedings Arbitration De Novo Credibility Findings Substitution of Decision

Case Brief

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Parties

Lethokgo Abram Malapane

Applicant

Glencore Operations South Africa (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Handed Down on 5 January 2017.

Legal Issues

  1. 1 Whether the Court erred in remitting the matter to the CCMA for arbitration de novo without providing reasons for not substituting its own decision.
  2. 2 Whether the Court improperly reversed the Commissioner's adverse credibility finding against the employer's only witness.
  3. 3 Whether the Court found Malapane guilty of a charge not proffered against him.

Ratio Decidendi

The Court considered the written submissions of both parties and determined that there exists a reasonable prospect of success on appeal regarding the grounds raised by the applicant. The grounds include the alleged failure to provide reasons for remitting the matter to the CCMA, the reversal of the Commissioner's credibility finding, and the finding of guilt on a charge not proffered. On this basis, the Court granted leave to appeal against the whole judgment and order handed down on 5 January 2017.

Court Disposition

Leave to appeal against the whole judgment and order is granted.

Orders

  • Leave to appeal against the whole judgment and order handed down on 5 January 2017 under case number JR603/2015 is granted.
  • Costs shall be costs in the appeal.