Rand Water v Mhlanga and Others (JR975/13) [2016] ZALCJHB 128 (5 April 2016)

Rand Water v Mhlanga and Others (JR975/13) [2016] ZALCJHB 128 (5 April 2016)

The court found that, given the circumstances and the lack of opposition to the application, there is a reasonable possibility that another court may reach a different conclusion. Accordingly, leave to appeal is granted.

Citation
[2016] ZALCJHB 128
Parties
Applicant: Rand Water; Respondent: J K Mhlanga; Respondent: SAMWU; Respondent: Fatema Shaikh (N.O.); Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 April 2016
Case Number
JR975/13
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal granted to the first and second respondents against the judgment of 4 September 2015. No order as to costs.
Judges
Lagrange
Legal Topics
Leave to Appeal, Review of Arbitration Award
Labour Law Leave to Appeal Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Rand Water

Applicant

J K Mhlanga

Respondent

SAMWU

Respondent

Fatema Shaikh (N.O.)

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment handed down on 4 September 2015.

Ratio Decidendi

The court found that, given the circumstances and the lack of opposition to the application, there is a reasonable possibility that another court may reach a different conclusion. Accordingly, leave to appeal is granted.

Court Disposition

Leave to appeal granted to the first and second respondents against the judgment of 4 September 2015. No order as to costs.

Orders

  • Leave to appeal against the judgment handed down on 4 September 2015 is granted to the first and second respondents.
  • No order is made as to costs.