Mogale v Commission for Conciliation, Mediation and Arbitration and Others (JR 751/19) [2022] ZALCJHB 263 (16 September 2022)

Mogale v Commission for Conciliation, Mediation and Arbitration and Others (JR 751/19) [2022] ZALCJHB 263 (16 September 2022)

The court, after considering the grounds for leave to appeal, found that the application does not disclose reasonable prospects of success. The judge determined that there is no basis upon which another court would come to a different conclusion regarding the judgment and order delivered on 05 August 2022. Accordingly, leave to appeal is refused.

Citation
[2022] ZALCJHB 263
Parties
Applicant: Kgaugelo Sophie Mogale; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Denzel Pheehla Seopela N.O.; Respondent: Eskom Holdings SOC Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
16 September 2022
Case Number
JR 751/19
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal refused.
Judges
G N Moshoana
Legal Topics
Leave to Appeal, Review of Arbitration Award

Case Brief

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Parties

Kgaugelo Sophie Mogale

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Denzel Pheehla Seopela N.O.

Respondent

Eskom Holdings SOC Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

  1. 1 Whether the applicant has reasonable prospects of success on appeal.
  2. 2 Whether leave to appeal should be granted against the judgment and order handed down on 05 August 2022.

Ratio Decidendi

The court, after considering the grounds for leave to appeal, found that the application does not disclose reasonable prospects of success. The judge determined that there is no basis upon which another court would come to a different conclusion regarding the judgment and order delivered on 05 August 2022. Accordingly, leave to appeal is refused.

Court Disposition

Application for leave to appeal refused.

Orders

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