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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the applicant has reasonable prospects of success on appeal.
- 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.
Full Case Text
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