Mongatane v Momentum Group Ltd and Others (JR2343/18) [2020] ZALCJHB 41 (11 February 2020)
- Citation
- [2020] ZALCJHB 41
- Status
- Ruling
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- GN Moshoana
- Case number
- JR2343/18
More details
- Court
- Labour Court Johannesburg
- Panel
- GN Moshoana
- Case number
- JR2343/18
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court considered the grounds for leave to appeal and found that the applicant failed to satisfy the test for leave to appeal. There are no reasonable prospects that another court may come to a different conclusion. Accordingly, the application for leave to appeal is refused.
Court disposition
Application for leave to appeal refused.
Orders
- The application for leave to appeal is hereby refused.
02
Material facts
Parties
Tsegofatso Daisy Mongatane
ApplicantMomentum Group Ltd and Others
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal
04
Questions and positions
Legal issues
- 01
Whether the applicant has satisfied the test for leave to appeal.
- 02
Whether there are reasonable prospects that another court may reach a different conclusion.
Party arguments
- Applicant
- The applicant seeks leave to appeal against the whole order and judgment handed down on 10 September 2019, contending that the grounds for leave to appeal are sufficient to warrant reconsideration by another court.
- Respondent
- The respondents did not appear and did not advance any argument in opposition to the application for leave to appeal.
05
Court’s reasoning
Legal principles
- 01
Section 17(1) of the Superior Courts Act, 10 of 2013
Leave to appeal will only be granted if there are reasonable prospects that another court may come to a different conclusion.
06
Ratio, limits and disposition
Ratio decidendi
The court considered the grounds for leave to appeal and found that the applicant failed to satisfy the test for leave to appeal. There are no reasonable prospects that another court may come to a different conclusion. Accordingly, the application for leave to appeal is refused.
Court disposition
Application for leave to appeal refused.
- The application for leave to appeal is hereby refused.
Source and reliance status
Labour Court Johannesburg
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Ruling
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG.
Not Reportable
case no: JR 2343/18
In the matter between:
TSEGOFATSO DAISY
MONGATANE
Applicant
and
MOMENTUM
GROUP LTD AND OTHERS Respondents
Heard:In Chambers
Delivered:11 February 2020
Summary:Application for leave to appeal – Test not satisfied – application refused.
JUDGMENT– LEAVE TO APPEAL
MOSHOANA, J
Introduction
[1] This is an application for leave to appeal against the whole order and judgment of this court handed down on 10 September 2019.
Evaluation
[2] Having considered the grounds for leave to appeal, I come to the conclusion that there are no reasonable prospects that another court may come to a different conclusion.
[3] In the results I make the following order:
Order
1.The application for leave to appeal is hereby refused.
_______
GN Moshoana
Judge of the Labour Court of South Africa.
Appearances
None
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