Mmagory and Others v Davis and Others (JR1078/09) [2014] ZALCJHB 112 (12 March 2014)

Mmagory and Others v Davis and Others (JR1078/09) [2014] ZALCJHB 112 (12 March 2014)

The court found that, after considering the grounds for leave to appeal and the submissions made, there were no reasonable prospects that another court would reach a different decision than the review judgment. The applicants failed to demonstrate compelling reasons or competing judgments that would warrant granting leave to appeal. Accordingly, the application for leave to appeal was dismissed.

Citation
[2014] ZALCJHB 112
Parties
Applicant: Mmagory Jacobs; Applicant: Jaftha Sonia; Applicant: Links Irene; Respondent: Davis Levy; Respondent: Metal and Engineering Industries Bargaining Council; Respondent: Beta Scan Electronics; Respondent: Stinger Electronics
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
12 March 2014
Case Number
JR1078/09
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Review Judgment
Outcome
Leave to appeal to the Labour Appeal Court is dismissed.
Judges
E Molahlehi
Legal Topics
Unfair Dismissal, Arbitration Review, Reasonable Decision Maker Test
Labour Law Unfair Dismissal Arbitration Review Reasonable Decision Maker Test

Case Brief

Summary, issues, holding and outcome

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Parties

Mmagory Jacobs

Applicant

Jaftha Sonia

Applicant

Links Irene

Applicant

Davis Levy

Respondent

Metal and Engineering Industries Bargaining Council

Respondent

Beta Scan Electronics

Respondent

Stinger Electronics

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal against the review judgment setting aside the arbitration award.
  2. 2 Whether compelling reasons exist to grant leave to appeal to the Labour Appeal Court.

Ratio Decidendi

The court found that, after considering the grounds for leave to appeal and the submissions made, there were no reasonable prospects that another court would reach a different decision than the review judgment. The applicants failed to demonstrate compelling reasons or competing judgments that would warrant granting leave to appeal. Accordingly, the application for leave to appeal was dismissed.

Court Disposition

Leave to appeal to the Labour Appeal Court is dismissed.

Orders

  • Leave to appeal to the Labour Appeal Court is dismissed.