NUMSA obo Mdluli and Others v Custom Harness Manufacturer CC (JR1802/2012) [2016] ZALCJHB 50 (15 February 2016)

NUMSA obo Mdluli and Others v Custom Harness Manufacturer CC (JR1802/2012) [2016] ZALCJHB 50 (15 February 2016)

The court found that the issues raised in the application for leave to appeal had already been dealt with in depth in the original judgment. The difficulties with the applicants' case were identified, particularly regarding the failure to establish a prima facie case that the business was transferred as a going concern under section 197 or 197A of the LRA. The court was not convinced that the case was arguable on appeal or that there was a rational basis for concluding that there were prospects of success. Accordingly, the application for leave to appeal was dismissed.

Citation
[2016] ZALCJHB 50
Parties
Applicant: NUMSA obo J Mdluli and 8 Others; Respondent: Custom Harness Manufacturer CC
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
15 February 2016
Case Number
JR1802/2012
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Claim at Trial
Outcome
Application for leave to appeal dismissed.
Judges
Tlhotlhalemaje
Legal Topics
Automatically Unfair Dismissal, Transfer of Business as Going Concern, Section 197 Lra, Absolution From the Instance
Labour Law Automatically Unfair Dismissal Transfer of Business as Going Concern Section 197 Lra Absolution From the Instance

Case Brief

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Parties

NUMSA obo J Mdluli and 8 Others

Applicant

Custom Harness Manufacturer CC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Claim at Trial

Legal Issues

  1. 1 Whether there is a reasonable prospect that another court may reach a different conclusion regarding the dismissal of the applicants' claim of automatically unfair dismissal.
  2. 2 Whether the applicants established a prima facie case that the business of Allprod (Pty) Ltd was transferred as a going concern to the respondent under section 197 or 197A of the LRA.
  3. 3 Whether the cause of the applicants' dismissal was the transfer of the business and thus automatically unfair.

Ratio Decidendi

The court found that the issues raised in the application for leave to appeal had already been dealt with in depth in the original judgment. The difficulties with the applicants' case were identified, particularly regarding the failure to establish a prima facie case that the business was transferred as a going concern under section 197 or 197A of the LRA. The court was not convinced that the case was arguable on appeal or that there was a rational basis for concluding that there were prospects of success. 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.