Smith v Kit Kat Group (Pty) Ltd (J787/14) [2016] ZALCJHB 461 (2 December 2016)

Smith v Kit Kat Group (Pty) Ltd (J787/14) [2016] ZALCJHB 461 (2 December 2016)

The respondent failed to demonstrate any reasonable prospect that another court would reach a different conclusion regarding the finding of unfair discrimination based on disability or the damages awarded. The respondent's arguments merely repeat those raised at trial and do not establish any legitimate dispute on the law or facts. The Labour Court exercised its discretion properly in awarding damages and compensation, and the respondent did not show that any of the limited grounds for appellate interference were present. Accordingly, the application for leave to appeal is dismissed with costs.

Citation
[2016] ZALCJHB 461
Parties
Applicant: Johannes Diedrick Smith; Respondent: The Kit Kat Group (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 December 2016
Case Number
J787/14
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment on Merits and Damages
Outcome
Application for leave to appeal dismissed with costs.
Judges
S Snyman
Legal Topics
Employment Equity Act, Unfair Discrimination, Leave to Appeal, Judicial Discretion
Labour Law Civil Procedure Employment Equity Act Unfair Discrimination Leave to Appeal Judicial Discretion

Case Brief

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Parties

Johannes Diedrick Smith

Applicant

The Kit Kat Group (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment on Merits and Damages

Legal Issues

  1. 1 Whether there is a reasonable prospect that another court may reach a different conclusion regarding the finding of unfair discrimination based on disability.
  2. 2 Whether the respondent has established grounds for leave to appeal against the judgment and damages awarded.
  3. 3 Whether the Labour Court exercised its discretion properly in awarding damages and compensation.

Ratio Decidendi

The respondent failed to demonstrate any reasonable prospect that another court would reach a different conclusion regarding the finding of unfair discrimination based on disability or the damages awarded. The respondent's arguments merely repeat those raised at trial and do not establish any legitimate dispute on the law or facts. The Labour Court exercised its discretion properly in awarding damages and compensation, and the respondent did not show that any of the limited grounds for appellate interference were present. Accordingly, the application for leave to appeal is dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The respondent’s application for leave to appeal is dismissed with costs.