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South Africa Judgment

Labour Court Johannesburg

SATAWU obo Ramotsonga v GVR Vervoer BK t/a Trio Vervoer (JS 331/19) [2022] ZALCJHB 200 (22 July 2022)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court, having considered the grounds for leave to appeal, finds that the application discloses reasonable prospects of success. Accordingly, leave to appeal is granted.

Court disposition

Leave to appeal is granted. Costs are to be costs in the appeal.

Orders

  • The application for leave to appeal is granted.
  • Costs are to be costs in the appeal.

02

Material facts

Parties

SATAWU obo Elvis Ramotsonga

Applicant

GVR Vervoer BK t/a Trio Vervoer

Respondent

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 30 May 2022.

04

Questions and positions

Legal issues

Whether the application for leave to appeal has reasonable prospects of success.

Party arguments

Applicant
The applicant contends that there are reasonable prospects of success on appeal against the judgment and order handed down on 30 May 2022.
Respondent
The respondent opposes the application for leave to appeal, maintaining that the grounds advanced do not establish reasonable prospects of success.

05

Court’s reasoning

  1. 01

    Section 17(1) of the Superior Courts Act, 10 of 2013

    Leave to appeal should be granted where there are reasonable prospects that another court may come to a different conclusion.

06

Ratio, limits and disposition

Ratio decidendi

The court, having considered the grounds for leave to appeal, finds that the application discloses reasonable prospects of success. Accordingly, leave to appeal is granted.

Court disposition

Leave to appeal is granted. Costs are to be costs in the appeal.

  • The application for leave to appeal is granted.
  • Costs are to be costs in the appeal.

Source and reliance status

Labour Court Johannesburg

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Judgment reading view

Judgment text

The complete available source text.

Source document

Labour Court Johannesburg

Judgment

[2022] ZALCJHB 200

THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

Case no: JS 331/19

In the matter between:

SATAWU OBO ELVIS

RAMOTSONGA

Applicant

And

GVR VERVOER BK T/A TRIO

VERVOER

Respondent

Heard: In Chambers

Delivered: 22 July 2022 (This judgment was handed down electronically by distributing copies thereof to the respective

parties. The delivery date is deemed to be 22 July 2022)

JUDGMENT –

APPLICATION FOR LEAVE TO APPEAL

MOSHOANA, J

[1] This is an application for leave to appeal against the judgment and order of this Court handed down on 30 May 2022.

[2] Having considered the grounds for leave to appeal, I come to the conclusion that the application has reasonable prospects of success.

Order

1. The application for leave to appeal is granted.

2. Costs are to be costs in the appeal.

G. N. Moshoana

Judge of the Labour Court of South Africa

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Superior Courts Act, 10 of 2013

Legislation

Legislation referenced in the available case record.

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