Sithole and Others v NI-DA Transport (Pty) Ltd; Fakude and Others v NI-DA Transport (Pty) Ltd (D938/08; D795/09) [2013] ZALCD 29 (21 October 2013)

Sithole and Others v NI-DA Transport (Pty) Ltd; Fakude and Others v NI-DA Transport (Pty) Ltd (D938/08; D795/09) [2013] ZALCD 29 (21 October 2013)

The court found that the applicant failed to comply with the procedural requirements for leave to appeal by not filing the required submissions. The grounds of appeal advanced by the applicant were either unclear, based on a misunderstanding of the onus provisions in section 192 of the Labour Relations Act, or unsupported by evidence. The applicant had previously agreed to bear the onus of proving the fairness of the dismissals and to begin. The court held that there was no reasonable possibility that another court would come to a different decision, as the applicant did not lead evidence to establish misconduct or fair procedure, and the judgment correctly applied the law regarding the...

Citation
[2013] ZALCD 29
Parties
Applicant: MBEKENI W SITHOLE; Applicant: JACOB BERT KHANYE; Applicant: BHEKI C MMOLA; Applicant: THULASIZWE SIMON NGWENYA; Applicant: MBONISENI ANDRIES FAKUDE; Applicant: EPHRAIM NDABAYAKHE CHONCO; Applicant: THEMBA ZWANE; Respondent: NI-DA TRANSPORT (PTY) LTD
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
21 October 2013
Case Number
D938/08; D795/09
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Unfair Dismissal
Outcome
Application for leave to appeal dismissed.
Judges
D H Gush
Legal Topics
Unfair Dismissal, Onus of Proof, Reinstatement, Back Pay, Procedural Fairness
Labour Law Unfair Dismissal Onus of Proof Reinstatement Back Pay Procedural Fairness

Case Brief

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Parties

MBEKENI W SITHOLE

Applicant

JACOB BERT KHANYE

Applicant

BHEKI C MMOLA

Applicant

THULASIZWE SIMON NGWENYA

Applicant

MBONISENI ANDRIES FAKUDE

Applicant

EPHRAIM NDABAYAKHE CHONCO

Applicant

THEMBA ZWANE

Applicant

NI-DA TRANSPORT (PTY) LTD

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Unfair Dismissal

Legal Issues

  1. 1 Whether the applicant has established reasonable grounds for leave to appeal against the judgment finding the dismissals substantively and procedurally unfair.
  2. 2 Whether the Labour Court erred in its application of the onus of proof in dismissal disputes under section 192 of the Labour Relations Act.
  3. 3 Whether the applicant led sufficient evidence regarding the fairness of the dismissals and the alleged misconduct.

Ratio Decidendi

The court found that the applicant failed to comply with the procedural requirements for leave to appeal by not filing the required submissions. The grounds of appeal advanced by the applicant were either unclear, based on a misunderstanding of the onus provisions in section 192 of the Labour Relations Act, or unsupported by evidence. The applicant had previously agreed to bear the onus of proving the fairness of the dismissals and to begin. The court held that there was no reasonable possibility that another court would come to a different decision, as the applicant did not lead evidence to establish misconduct or fair procedure, and the judgment correctly applied the law regarding the...

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal in respect of Case Numbers D938/08 & D795/09 is dismissed.
  • There is no order as to costs.