Securitas Specialised Services (Pty) Ltd v Kabelane (JS165/17) [2019] ZALCJHB 143 (12 June 2019)

Securitas Specialised Services (Pty) Ltd v Kabelane (JS165/17) [2019] ZALCJHB 143 (12 June 2019)

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The grounds advanced did not show any error in law or fact by the Labour Court in its original judgment. The court emphasized the need for expeditious resolution of labour disputes and cautioned against granting leave to appeal where no novel legal issue or misapplication of law exists. The application for leave to appeal was therefore dismissed as lacking merit.

Citation
[2019] ZALCJHB 143
Parties
Applicant: Securitas Specialised Services (Pty) Ltd; Respondent: Samson Kabelane
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
12 June 2019
Case Number
JS165/17
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment Declaring Dismissal Automatically Unfair
Outcome
Application for leave to appeal dismissed; no order as to costs.
Judges
Mahosi
Legal Topics
Automatic Unfair Dismissal, Shop Steward Rights, Jurisdiction of Labour Court, Leave to Appeal, Prospects of Success
Labour Law Automatic Unfair Dismissal Shop Steward Rights Jurisdiction of Labour Court Leave to Appeal Prospects of Success

Case Brief

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Parties

Securitas Specialised Services (Pty) Ltd

Applicant

Samson Kabelane

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment Declaring Dismissal Automatically Unfair

Legal Issues

  1. 1 Whether there are reasonable prospects that another court may reach a different conclusion regarding the automatic unfair dismissal.
  2. 2 Whether the applicant's grounds for appeal demonstrate errors in law or fact by the Labour Court.
  3. 3 Whether the Labour Court had jurisdiction to adjudicate the matter.

Ratio Decidendi

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The grounds advanced did not show any error in law or fact by the Labour Court in its original judgment. The court emphasized the need for expeditious resolution of labour disputes and cautioned against granting leave to appeal where no novel legal issue or misapplication of law exists. The application for leave to appeal was therefore dismissed as lacking merit.

Court Disposition

Application for leave to appeal dismissed; no order as to costs.

Orders

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