Manwatha v Transnet SOC Ltd and Others (JR 2426/15) [2019] ZALCJHB 46 (5 March 2019)

Manwatha v Transnet SOC Ltd and Others (JR 2426/15) [2019] ZALCJHB 46 (5 March 2019)

The court found that the applicant failed to transcribe the ex tempore judgment and did not deliver written submissions, which made it difficult to determine the merits of the application. Upon considering the grounds for leave to appeal, the court concluded that there were no reasonable prospects that another court would reach a different conclusion. Accordingly, the application for leave to appeal was refused.

Citation
[2019] ZALCJHB 46
Parties
Applicant: Tshifiwa Lisbeth Manwatha; Respondent: Transnet SOC Ltd; Respondent: Transnet Bargaining Council; Respondent: David Smith N.O
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 March 2019
Case Number
JR 2426/15
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal refused.
Judges
GN Moshoana
Legal Topics
Leave to Appeal, Reasonable Prospects, Ex Tempore Judgment
Labour Law Leave to Appeal Reasonable Prospects Ex Tempore Judgment

Case Brief

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Parties

Tshifiwa Lisbeth Manwatha

Applicant

Transnet SOC Ltd

Respondent

Transnet Bargaining Council

Respondent

David Smith N.O

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant has satisfied the test for leave to appeal.
  2. 2 Whether there are reasonable prospects that another court may reach a different conclusion.

Ratio Decidendi

The court found that the applicant failed to transcribe the ex tempore judgment and did not deliver written submissions, which made it difficult to determine the merits of the application. Upon considering the grounds for leave to appeal, the court concluded that there were no reasonable prospects that another court would reach a different conclusion. Accordingly, the application for leave to appeal was refused.

Court Disposition

Application for leave to appeal refused.

Orders

  • The application for leave to appeal is hereby refused.