Sithole v Commission for Conciliation, Mediation and Arbitration and Others (Application for Leave to Appeal) (JR845/2021) [2025] ZALCJHB 165 (8 May 2025)

Sithole v Commission for Conciliation, Mediation and Arbitration and Others (Application for Leave to Appeal) (JR845/2021) [2025] ZALCJHB 165 (8 May 2025)

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The main judgment had already determined that her dismissal was substantively fair, based on her absence from work without permission and failure to notify her supervisor. The grievance she raised against her supervisor was found to have no bearing on the dismissal. The court was not persuaded that there was any compelling reason for the Labour Appeal Court to hear the matter. Accordingly, the application for leave to appeal was dismissed.

Citation
[2025] ZALCJHB 165
Parties
Applicant: Nonhlanhla Octavia Sithole; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Commissioner Nadia Sithole; Respondent: Enviroserv Waste Management (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 May 2025
Case Number
JR845/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed.
Judges
F.I Baloyi
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Leave to Appeal, Absence Without Permission
Labour Law Unfair Dismissal Review of Arbitration Award Leave to Appeal Absence Without Permission

Case Brief

Summary, issues, holding and outcome

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Parties

Nonhlanhla Octavia Sithole

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Commissioner Nadia Sithole

Respondent

Enviroserv Waste Management (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether the applicant has demonstrated reasonable prospects of success on appeal against the judgment dismissing her review application.
  2. 2 Whether there is any compelling reason for the Labour Appeal Court to hear the appeal.

Ratio Decidendi

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal. The main judgment had already determined that her dismissal was substantively fair, based on her absence from work without permission and failure to notify her supervisor. The grievance she raised against her supervisor was found to have no bearing on the dismissal. The court was not persuaded that there was any compelling reason for the Labour Appeal Court to hear the matter. Accordingly, the application for leave to appeal was 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.