Mbawuli v Commission for Conciliation, Meditation and Arbitration and Others (JR2524/13) [2017] ZALCJHB 275 (1 August 2017)

Mbawuli v Commission for Conciliation, Meditation and Arbitration and Others (JR2524/13) [2017] ZALCJHB 275 (1 August 2017)

The court found, after considering the grounds for leave to appeal and the submissions of both parties, that there were no reasonable prospects of success on appeal. The judge reaffirmed the original judgment, which held that the applicant's dismissal was substantively unfair and ordered his reinstatement. The application for leave to appeal was therefore dismissed, as the respondent failed to demonstrate that another court would likely reach a different conclusion.

Citation
[2017] ZALCJHB 275
Parties
Applicant: Mzukisi Mbawuli; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Thembekile Nsibanyoni N.O.; Respondent: Pick ‘n Pay Retailers (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
1 August 2017
Case Number
JR2524/13
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Review
Outcome
Application for leave to appeal dismissed.
Judges
Rabkin-Naicker
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Leave to Appeal, Reinstatement
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Leave to Appeal Reinstatement

Case Brief

Summary, issues, holding and outcome

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Parties

Mzukisi Mbawuli

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Thembekile Nsibanyoni N.O.

Respondent

Pick ‘n Pay Retailers (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Review

Legal Issues

  1. 1 Whether there are reasonable prospects that a higher court would reach a different conclusion regarding the substantive fairness of the applicant's dismissal.
  2. 2 Whether leave to appeal should be granted against the order reinstating the applicant.

Ratio Decidendi

The court found, after considering the grounds for leave to appeal and the submissions of both parties, that there were no reasonable prospects of success on appeal. The judge reaffirmed the original judgment, which held that the applicant's dismissal was substantively unfair and ordered his reinstatement. The application for leave to appeal was therefore dismissed, as the respondent failed to demonstrate that another court would likely reach a different conclusion.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • There is no order as to costs.