Ngubeni v Maluti-A-Phofung Water (Pty) Ltd and Others (JR 623/12) [2013] ZALCJHB 87 (13 May 2013)

Ngubeni v Maluti-A-Phofung Water (Pty) Ltd and Others (JR 623/12) [2013] ZALCJHB 87 (13 May 2013)

The court found that none of the applicant's grounds for appeal raised any reasonable prospect that another court would reach a different conclusion. The issues regarding the petrol receipts, alleged bias, and findings of the arbitrator were either not raised in the review application, not pursued at the hearing, or were adequately addressed in the original judgment. The supplementary affidavit did not introduce any new substantive grounds. The applicant's leave to appeal was therefore dismissed.

Citation
[2013] ZALCJHB 87
Parties
Applicant: Jabulane Simon Ngubeni; Respondent: Maluti-A-Phofung Water (Pty) Ltd; Respondent: The Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Mokete Sidwell Moloi (N.O.)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 May 2013
Case Number
JR 623/12
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Leave to appeal dismissed.
Judges
R Lagrange
Legal Topics
Review of Arbitration Award, Condonation of Late Application, Misconduct in Disciplinary Enquiry, Grounds for Appeal
Labour Law Civil Procedure Review of Arbitration Award Condonation of Late Application Misconduct in Disciplinary Enquiry Grounds for Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Jabulane Simon Ngubeni

Applicant

Maluti-A-Phofung Water (Pty) Ltd

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Mokete Sidwell Moloi (N.O.)

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether the applicant has shown grounds for leave to appeal against the dismissal of his review application.
  2. 2 Whether the arbitrator committed reviewable misconduct in the handling of evidence and findings.
  3. 3 Whether the applicant's supplementary affidavit raises new grounds for appeal.

Ratio Decidendi

The court found that none of the applicant's grounds for appeal raised any reasonable prospect that another court would reach a different conclusion. The issues regarding the petrol receipts, alleged bias, and findings of the arbitrator were either not raised in the review application, not pursued at the hearing, or were adequately addressed in the original judgment. The supplementary affidavit did not introduce any new substantive grounds. The applicant's leave to appeal was therefore dismissed.

Court Disposition

Leave to appeal dismissed.

Orders

  • The applicant's leave to appeal is dismissed.