Tonyela and Others v National Union of Metal Workers of South Africa (J 300/22) [2022] ZALCJHB 104 (11 May 2022)

Tonyela and Others v National Union of Metal Workers of South Africa (J 300/22) [2022] ZALCJHB 104 (11 May 2022)

The court found, after considering the grounds for leave to appeal, that the application does not have reasonable prospects of success. The judge determined that the applicants failed to demonstrate any compelling reason or error in the previous judgment that would justify granting leave to appeal. Accordingly, the application was refused.

Citation
[2022] ZALCJHB 104
Parties
Applicant: Gcobani Tonyela; Respondent: Simon Nyanza; Respondent: Anna Jafta; Respondent: Moabi Amos Tladi; Respondent: Joshua Mona; Respondent: National Union of Metalworkers of South Africa
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 May 2022
Case Number
J 300/22
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal refused.
Judges
G N Moshoana
Legal Topics
Leave to Appeal, Prospects of Success
Labour Law Leave to Appeal Prospects of Success

Case Brief

Summary, issues, holding and outcome

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Parties

Gcobani Tonyela

Applicant

Simon Nyanza

Respondent

Anna Jafta

Respondent

Moabi Amos Tladi

Respondent

Joshua Mona

Respondent

National Union of Metalworkers of South Africa

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the application for leave to appeal has reasonable prospects of success.

Ratio Decidendi

The court found, after considering the grounds for leave to appeal, that the application does not have reasonable prospects of success. The judge determined that the applicants failed to demonstrate any compelling reason or error in the previous judgment that would justify granting leave to appeal. Accordingly, the application was refused.

Court Disposition

Application for leave to appeal refused.

Orders

  • The application for leave to appeal is refused with no order as to costs.