Tokwe v Masote NO and Others (JR 113/08) [2009] ZALC 175 (30 October 2009)

Tokwe v Masote NO and Others (JR 113/08) [2009] ZALC 175 (30 October 2009)

The court considered the grounds for leave to appeal and the written submissions of both parties. Upon review, the judge was not persuaded that another court would reach a different conclusion from the one previously made. Accordingly, the application for leave to appeal was dismissed as there were no reasonable prospects of success.

Citation
[2009] ZALC 175
Parties
Applicant: Amandla Tokwe; Respondent: Bonge Masote N.O.; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: South African Broadcasting Corporation Limited
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
30 October 2009
Case Number
JR 113/08
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Reviewing and Setting Aside Arbitration Award.
Outcome
Application for leave to appeal dismissed.
Judges
Molahlehi
Legal Topics
Leave to Appeal, Arbitration Award Review, Reasonable Prospect of Success
Labour Law Leave to Appeal Arbitration Award Review Reasonable Prospect of Success

Case Brief

Summary, issues, holding and outcome

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Parties

Amandla Tokwe

Applicant

Bonge Masote N.O.

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

South African Broadcasting Corporation Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Reviewing and Setting Aside Arbitration Award.

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment reviewing and setting aside the arbitration award.
  2. 2 Whether there is a reasonable prospect that another court may reach a different conclusion.

Ratio Decidendi

The court considered the grounds for leave to appeal and the written submissions of both parties. Upon review, the judge was not persuaded that another court would reach a different conclusion from the one previously made. Accordingly, the application for leave to appeal was dismissed as there were no reasonable prospects of success.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal to the Labour Appeal Court against the whole judgment is dismissed.
  • There is no order as to costs.