Mokitimi v Commission for Conciliation, Mediation and Arbitration and Another (J2934/12) [2017] ZALCJHB 105 (27 March 2017)

Mokitimi v Commission for Conciliation, Mediation and Arbitration and Another (J2934/12) [2017] ZALCJHB 105 (27 March 2017)

The court considered the grounds of appeal raised by the applicant and applied the test for granting leave to appeal, namely whether another court might reasonably come to a different conclusion. The court was satisfied that, having regard to the grounds raised, another court may indeed reach a different outcome. Accordingly, leave to appeal was granted against the whole judgment and order delivered on 12 July 2016.

Citation
[2017] ZALCJHB 105
Parties
Applicant: Tiisetso William Mokitimi; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Sedibeng District Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 March 2017
Case Number
J2934/12
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Extempore Judgment
Outcome
Leave to appeal granted against the whole judgment and order handed down on 12 July 2016.
Judges
Mothibi
Legal Topics
Leave to Appeal, Reasonable Possibility of Different Outcome, Grounds of Appeal
Labour Law Leave to Appeal Reasonable Possibility of Different Outcome Grounds of Appeal

Case Brief

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Parties

Tiisetso William Mokitimi

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Sedibeng District Municipality

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether leave to appeal should be granted against the extempore judgment delivered on 12 July 2016.
  2. 2 Whether another court might reasonably come to a different conclusion based on the grounds of appeal raised.

Ratio Decidendi

The court considered the grounds of appeal raised by the applicant and applied the test for granting leave to appeal, namely whether another court might reasonably come to a different conclusion. The court was satisfied that, having regard to the grounds raised, another court may indeed reach a different outcome. Accordingly, leave to appeal was granted against the whole judgment and order delivered on 12 July 2016.

Court Disposition

Leave to appeal granted against the whole judgment and order handed down on 12 July 2016.

Orders

  • The application for leave to appeal is granted against the whole judgment and order handed down by this Court ex tempore on 12 July 2016.