Qubekela Projects CC v Mokoena and Others (JR2743/14, J2084/16) [2017] ZALCJHB 307 (25 August 2017)

Qubekela Projects CC v Mokoena and Others (JR2743/14, J2084/16) [2017] ZALCJHB 307 (25 August 2017)

The court found that none of the grounds for leave to appeal raised by Mokoena had merit. The arbitrator was correct to first determine whether Mokoena was an employee before considering the fairness of the dismissal, as there was an unresolved dispute regarding employee status and no evidence presented on the fairness of the alleged dismissal. Applying the stringent test for leave to appeal, the court was not persuaded that there were reasonable prospects that the Labour Appeal Court would reach a different conclusion. Judicial resources should not be expended on an appeal lacking merit.

Citation
[2017] ZALCJHB 307
Parties
Applicant: Qubekela Projects CC; Respondent: Mphamo Mokoena; Respondent: Nthabiseng Ngwane; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
25 August 2017
Case Number
JR2743/14, J2084/16
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Reviewing and Setting Aside Arbitration Award
Outcome
Application for leave to appeal dismissed.
Judges
Prinsloo
Legal Topics
Leave to Appeal, Arbitration Award Review, Employee Status, Fair Dismissal
Labour Law Civil Procedure Leave to Appeal Arbitration Award Review Employee Status Fair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Qubekela Projects CC

Applicant

Mphamo Mokoena

Respondent

Nthabiseng Ngwane

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Reviewing and Setting Aside Arbitration Award

Legal Issues

  1. 1 Whether there are reasonable prospects that the Labour Appeal Court would reach a different conclusion than the Labour Court.
  2. 2 Whether the arbitrator erred by deciding the fairness of dismissal before determining employee status.
  3. 3 Whether the grounds for leave to appeal have merit.

Ratio Decidendi

The court found that none of the grounds for leave to appeal raised by Mokoena had merit. The arbitrator was correct to first determine whether Mokoena was an employee before considering the fairness of the dismissal, as there was an unresolved dispute regarding employee status and no evidence presented on the fairness of the alleged dismissal. Applying the stringent test for leave to appeal, the court was not persuaded that there were reasonable prospects that the Labour Appeal Court would reach a different conclusion. Judicial resources should not be expended on an appeal lacking merit.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • There is no order as to costs.