National Union of Mineworkers and Others v MCC Group of Companies (JS681/2010) [2015] ZALCJHB 358 (16 October 2015)
The court considered all grounds advanced by the applicants and reflected on the original judgment. It found that no cogent grounds had been established to show reasonable prospects that another court would reach a different conclusion regarding the alleged unfair dismissal. The application for leave to appeal was...
Source-derived case information.
- Citation
- [2015] ZALCJHB 358
- Parties
- Applicant: National Union of Mineworkers; Applicant: B. Gladile & 7 Others; Respondent: MCC Group of Companies
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JS681/2010
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Dismissal of Unfair Dismissal Claim
- Outcome
- Application for leave to appeal dismissed.
- Judges
- Tlhotlhalemaje
- Legal Topics
- Unfair Dismissal, Leave to Appeal, Section 186 Lra
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
National Union of Mineworkers
Applicant
B. Gladile & 7 Others
Applicant
MCC Group of Companies
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Unfair Dismissal Claim
Legal Issues
- 1 Whether there are reasonable prospects that another court may reach a different conclusion regarding the alleged unfair dismissal.
- 2 Whether the factual findings made by the court in the original judgment were erroneous under section 186(1)(d) of the LRA.
Ratio Decidendi
The court considered all grounds advanced by the applicants and reflected on the original judgment. It found that no cogent grounds had been established to show reasonable prospects that another court would reach a different conclusion regarding the alleged unfair dismissal. The application for leave to appeal was therefore dismissed.
Court Disposition
Application for leave to appeal dismissed.
Orders
- The application for leave to appeal against the judgment handed down on 27 February 2015 is dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
JUDGMENT
Not Reportable
Case no: JS 681/2010
NATIONAL UNION OF MINEWORKERS First Applicant B. GLADILE & 7 OTHERS Second to Further Applicants and MCC GROUP OF COMPANIES Decided in Chambers Respondent
Delivered: 16 October 2015
RULING – APPLICATION FOR LEAVE TO APPEAL
TLHOTLHALEMAJE, AJ
Introduction and background:
[1] This matter as agreed upon between the parties was determined by way of a stated case. Judgment was handed down on 27 February 2015 in terms of which the Applicants’ claim of an alleged unfair dismissal was dismissed. The Applicants have since lodged an application for leave to appeal against the whole of that judgment. The application is unopposed.
[2] The Applicants advanced a variety of grounds upon which it was contended that leave to appeal should be granted. These grounds are mainly predicated on the view that the Court erred in making certain factual findings pertaining to whether there was an unfair dismissal as contemplated in section 186 (1) (d) of the LRA.
[3] I have reflected on my judgment and considered all the grounds relied upon in seeking leave to appeal. Having considered these and other factors as dealt with in the judgment, I am not persuaded that cogent grounds have been advanced to establish any basis upon which it can be said that there are reasonable prospects that another court may come to a different conclusion. In the result, the following order is made;
Order:
a) The application for leave to appeal against the judgement handed down on 27 February 2015 is dismissed.
__________________
Tlhotlhalemaje, AJ
Acting Judge of the Labour Court of South Africa