Mohlake v Shadlow NO and Others (JR 1282/09) [2011] ZALCJHB 136 (1 October 2011)
The court found that, having considered the grounds for leave to appeal and the submissions of the parties, there is no reasonable prospect that another court would reach a different conclusion than that of the Labour Court in the original judgment. The application for leave to appeal was brought timeously as the...
Source-derived case information.
- Citation
- [2011] ZALCJHB 136
- Parties
- Applicant: Mohlake Nancy; Respondent: Commissioner John Shadlow; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Pick ‘n Pay Hypermarket (Faerie Glen)
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JR 1282/09
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
- Outcome
- Application for leave to appeal dismissed.
- Judges
- Cawe
- Legal Topics
- Leave to Appeal, Review Application, Reasonable Prospect of Success
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohlake Nancy
Applicant
Commissioner John Shadlow
Respondent
Commission for Conciliation, Mediation and Arbitration
Respondent
Pick ‘n Pay Hypermarket (Faerie Glen)
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Legal Issues
- 1 Whether there is a reasonable prospect that another court may reach a different conclusion on the review application.
- 2 Whether the application for leave to appeal was brought timeously.
Ratio Decidendi
The court found that, having considered the grounds for leave to appeal and the submissions of the parties, there is no reasonable prospect that another court would reach a different conclusion than that of the Labour Court in the original judgment. The application for leave to appeal was brought timeously as the applicant awaited reasons for the ex tempore judgment, and no condonation was required. The judge stands by the reasoning and conclusion reached in the initial judgment.
Court Disposition
Application for leave to appeal dismissed.
Orders
- The application for leave to appeal is dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE LABOUR COURT OF SOUTH AFRICA
(HELD AT JOHANNESBURG)
LABOUR CASE NO: JR 1282/09
In the matter between
MOHLAKE NANCY ..................................................................................................APPLICANT
And
COMMISSIONER JOHN SHADLOW .................................................................1ST RESPONDENT
COMMISION FOR CONCILIATION,
MEDIATION AND ARBITRATION ...................................................................2ND RESPONDENT
PICK ‘n PAY HYPERMARKET (FAERIE GLEN) ...................................................3RD RESPONDENT
LEAVE TO APPEAL JUDGMENT
CAWE AJ:
[1] The Applicant seeks leave to appeal an order dismissing her review application handed down on the 24th April 2011. The application for leave to appeal was brought on 25th July 2011 and is opposed by the Respondent.
[2] The delay in bringing the instant application was occasioned by the fact that the judgment of the 29th April 2011 was ex tempore. The Applicant then requested reasons for judgment in order to lodge the appeal. There was, therefore, no need for the Applicant to apply for condonation as the application for leave to appeal was done timeously.
[3] The applicant has, in its application for leave to appeal, raised several grounds of leave to appeal of which I do not deem it necessary to repeat in this judgment.
[4] The test to apply when considering whether or not to grant leave to appeal is whether there is a reasonable prospect that another Court may come to a different conclusion to that of the Labour Court.
[5] However, I have had regard to the grounds on which leave to appeal is sought as set out in the parties’ submissions and pleadings. I have also considered my judgment and I am of the view that there is no reasonable prospect that another court might come to a different conclusion to the one reached by myself in my judgment. I therefore stand by the reasoning and conclusion that I reached in my judgment.
[6] In the circumstances the Appellant’s application for leave to appeal is dismissed.
[7] There is no order as to costs.
___________________
CAWE AJ
Acting judge of the Labour Court
Date of judgment : October 2011
Appearances
The matter was considered on papers presented by the parties.