Sipho v Gauteng Department of Education and Others (J1632/19) [2020] ZALCJHB 37 (11 February 2020)
The court considered the grounds for leave to appeal and found that there are no reasonable prospects that another court may reach a different conclusion. The test for granting leave to appeal was not satisfied, and therefore the application was refused.
Source-derived case information.
- Citation
- [2020] ZALCJHB 37
- Parties
- Applicant: Motong Johannes Sipho; Respondent: Gauteng Department of Education and Others
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- J1632/19
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal
- Outcome
- Application for leave to appeal refused.
- Judges
- GN Moshoana
- Legal Topics
- Leave to Appeal, Reasonable Prospects, Refusal of Leave
Source-derived case record
Summary, issues, holding and outcome
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Parties
Motong Johannes Sipho
Applicant
Gauteng Department of Education and Others
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Legal Issues
- 1 Whether the applicant has demonstrated reasonable prospects that another court may reach a different conclusion.
- 2 Whether leave to appeal should be granted.
Ratio Decidendi
The court considered the grounds for leave to appeal and found that there are no reasonable prospects that another court may reach a different conclusion. The test for granting leave to appeal was not satisfied, and therefore the application was refused.
Court Disposition
Application for leave to appeal refused.
Orders
- The application for leave to appeal is refused.
Full Case Text
Judgment text and source record
26 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG.
Not Reportable
case no: J1632/19
In the matter between:
MOTONG JOHANNES SIPHO
Applicant
and
THE GAUTENG DEPARTMENT OF
EDUCATION AND OTHERS Respondents
Heard: In Chambers
Delivered: 11 February 2020
Summary: Application for leave to appeal – Test not satisfied – application refused.
JUDGMENT – LEAVE TO APPEAL
MOSHOANA, J
Introduction
[1] This is an application for leave to appeal against the whole order and judgment of this court handed down on 29 November 2019.
Evaluation
[2] Having considered the grounds for leave to appeal, I come to the conclusion that there are no reasonable prospects that another court may come to a different conclusion.
[3] In the results I make the following order:
Order
1. The application for leave to appeal is hereby refused.
_______________________
GN Moshoana
Judge of the Labour Court of South Africa.
Appearances
None