NUM obo Mphofelo and Another v Xstrata South Africa (Proprietary) Limited - Thorncliffe Mine and Others (JR1091/2011) [2018] ZALCJHB 401 (4 December 2018)

NUM obo Mphofelo and Another v Xstrata South Africa (Proprietary) Limited - Thorncliffe Mine and Others (JR1091/2011) [2018] ZALCJHB 401 (4 December 2018)

The court found, after considering the application and the papers before it, that the applicant failed to establish reasonable prospects of success on appeal. The evidence and arguments presented did not demonstrate that another court would come to a different conclusion. Accordingly, the application for leave to appeal was dismissed.

Citation
[2018] ZALCJHB 401
Parties
Applicant: NUM obo Mphofelo and Another; Respondent: Xstrata South Africa (Proprietary) Limited - Thorncliffe Mine; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Simon Mohubedu Rantho N.O
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
4 December 2018
Case Number
JR1091/2011
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment
Outcome
Application for leave to appeal dismissed.
Judges
Lallie
Legal Topics
Leave to Appeal, Reasonable Prospects of Success
Labour Law Leave to Appeal Reasonable Prospects of Success

Case Brief

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Parties

NUM obo Mphofelo and Another

Applicant

Xstrata South Africa (Proprietary) Limited - Thorncliffe Mine

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

Simon Mohubedu Rantho N.O

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment

Legal Issues

  1. 1 Whether the applicant has established reasonable prospects of success on appeal.
  2. 2 Whether leave to appeal should be granted.

Ratio Decidendi

The court found, after considering the application and the papers before it, that the applicant failed to establish reasonable prospects of success on appeal. The evidence and arguments presented did not demonstrate that another court would come to a different conclusion. Accordingly, 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.