SGB Octorex (Pty) Ltd v Metal and Engineering Industries Bargaining Council and Others (JR 1954/19) [2021] ZALCJHB 188 (28 July 2021)
- Citation
- [2021] ZALCJHB 188
- Status
- Ruling
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- G. N. Moshoana
- Case number
- JR 1954/19
More details
- Court
- Labour Court Johannesburg
- Panel
- G. N. Moshoana
- Case number
- JR 1954/19
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court considered the grounds for leave to appeal and found that the application does not demonstrate reasonable prospects of success. Accordingly, the application for leave to appeal is dismissed.
Court disposition
Application for leave to appeal dismissed.
Orders
- The application for leave to appeal is dismissed.
- There is no order as to costs.
02
Material facts
Parties
SGB Octorex (Pty) Ltd
ApplicantMetal and Engineering Industries Bargaining Council
RespondentNoko Nkogoeng N.O.
RespondentUASA obo Siphamandla Shabangu
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 1 June 2020.
04
Questions and positions
Legal issues
Whether the application for leave to appeal against the judgment of 1 June 2020 has reasonable prospects of success.
Party arguments
- Applicant
- The applicant contends that the judgment of 1 June 2020 was incorrect and seeks leave to appeal, asserting that there are reasonable prospects of success on appeal.
- Respondent
- The respondents oppose the application for leave to appeal, arguing that the grounds advanced do not establish reasonable prospects of success and that the judgment was correctly decided.
05
Court’s reasoning
Legal principles
- 01
Section 17(1) of the Superior Courts Act, 10 of 2013
Leave to appeal should only 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 considered the grounds for leave to appeal and found that the application does not demonstrate reasonable prospects of success. Accordingly, the application for leave to appeal is dismissed.
Court disposition
Application for leave to appeal dismissed.
- The application for leave to appeal is dismissed.
- There is no order as to costs.
Source and reliance status
Labour Court Johannesburg
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Ruling
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Case no: JR 1954/19
In the matter between:
SGB OCTOREX (PTY) LTD Applicant
and
METAL
AND ENGINEERING INDUSTRIES
BARGAINING
COUNCIL First Respondent
NOKO NKOGOENG N.O. Second Respondent
UASA obo SIPHAMANDLA SHABANGU Third Respondent
Heard: In Chambers
Delivered: 28 July 2021 (This judgment was handed down electronically by distributing copies thereof to the respective parties. The delivery date is deemed to be 28 July 2021)
JUDGMENT â
APPLICATION FOR LEAVE TO APPEAL
MOSHOANA, J
[1] This is an application for leave to appeal against the judgment of this court handed down on 01 June 2020.
[2] Having considered the grounds for leave to appeal, I come to the conclusion that the application lacks reasonable prospects of success.
Order
1. The application for leave to appeal is dismissed.
2. There is no order as to costs.
G. N. Moshoana
Judge of the Labour Court of South Africa
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