National Union of Metalworkers of South Africa and Others v Route Management (Pty) Ltd (JS424/18) [2019] ZALCJHB 283 (11 October 2019)
After considering the application and the papers before the court, the judge found that the applicant failed to demonstrate reasonable prospects of success on appeal. The evidence and arguments presented did not support the conclusion that another court would reach a different outcome. Therefore, the application for...
Source-derived case information.
- Citation
- [2019] ZALCJHB 283
- Parties
- Applicant: National Union of Metalworkers of South Africa; Applicant: Phiri and 8 Others; Respondent: Route Management (Pty) Ltd
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JS424/18
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal After Judgment
- Outcome
- Application for leave to appeal dismissed.
- Judges
- Z Lallie
- Legal Topics
- Leave to Appeal, Reasonable Prospects of Success
Source-derived case record
Summary, issues, holding and outcome
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Parties
National Union of Metalworkers of South Africa
Applicant
Phiri and 8 Others
Applicant
Route Management (Pty) Ltd
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Legal Issues
- 1 Whether the applicant has reasonable prospects of success on appeal.
Ratio Decidendi
After considering the application and the papers before the court, the judge found that the applicant failed to demonstrate reasonable prospects of success on appeal. The evidence and arguments presented did not support the conclusion that another court would reach a different outcome. Therefore, the application for leave to appeal was dismissed.
Court Disposition
Application for leave to appeal dismissed.
Orders
- The application for leave to appeal is dismissed.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case No: JS424/18
In the matter between:
NATIONAL UNION OF METALWORKERS
OF SOUTH AFRICA First
Applicant
PHIRI AND 8 OTHERS
Second to Tenth Applicants
and
ROUTE MANAGEMENT (PTY) LTD Respondent
Considered: In Chambers
Delivered: 11 October 2019
JUDGMENT- APPLICATION FOR LEAVE TO APPEAL
LALLIE, J
[1] The applicant filed an application for leave to appeal against the whole of my judgment handed down on 28 February 2019. The application is opposed by the respondent.
[2] The test for leave to appeal is whether the applicant has reasonable prospects of success on appeal.[1]
[3] I have carefully considered the papers before me. They do not support the conclusion that the applicant has reasonable prospects of success on appeal.
[4] I accordingly, make the following order.
Order
1. The application for leave to appeal is dismissed.
___________________
Z. Lallie
Judge of the Labour Court of South Africa
[1] Seatlholo and Others v Chemical Energy Paper Printing Wood and Allied Workers Union and Others17