SATAWU obo Mbano and Another v Moodyblue Trade Invest 14 (Pty) Ltd and Others (Leave to Appeal) (J1016/2019) [2023] ZALCJHB 129 (5 May 2023)

SATAWU obo Mbano and Another v Moodyblue Trade Invest 14 (Pty) Ltd and Others (Leave to Appeal) (J1016/2019) [2023] ZALCJHB 129 (5 May 2023)

Upon consideration of the papers filed of record, including the judgment sought to be appealed, the court finds that reasonable prospects of success exist that the Labour Appeal Court may construe differently the submissions on which the judgment is based and may find in favour of the applicants. The application for leave to appeal is therefore granted.

Citation
[2023] ZALCJHB 129
Parties
Applicant: SATAWU obo Mandla Mbano & Tongayi Chenkenyu; Respondent: Moodyblue Trade Invest 14 (Pty) Ltd; Respondent: Niel Damaras; Respondent: Diana Smuts
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 May 2023
Case Number
J1016/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment
Outcome
Leave to appeal granted.
Judges
Lallie
Legal Topics
Prospects of Success on Appeal, Transfer of Business, Reinstatement, Mala Fide Conduct
Labour Law Prospects of Success on Appeal Transfer of Business Reinstatement Mala Fide Conduct

Case Brief

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Parties

SATAWU obo Mandla Mbano & Tongayi Chenkenyu

Applicant

Moodyblue Trade Invest 14 (Pty) Ltd

Respondent

Niel Damaras

Respondent

Diana Smuts

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal.
  2. 2 Whether the court erred in finding that the applicant did not refute the first respondent's submissions regarding the transfer of transport services.
  3. 3 Whether the respondents acted mala fide in not reinstating the individual applicants.

Ratio Decidendi

Upon consideration of the papers filed of record, including the judgment sought to be appealed, the court finds that reasonable prospects of success exist that the Labour Appeal Court may construe differently the submissions on which the judgment is based and may find in favour of the applicants. The application for leave to appeal is therefore granted.

Court Disposition

Leave to appeal granted.

Orders

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