Solidarity obo Members v Sahara African Living (Pty) Ltd - Application For Leave to Appeal (JS829/21) [2024] ZALCJHB 245 (24 June 2024)

Solidarity obo Members v Sahara African Living (Pty) Ltd - Application For Leave to Appeal (JS829/21) [2024] ZALCJHB 245 (24 June 2024)

The court found that the respondent had conceded to unilaterally changing the terms and conditions of employment for Steyn and Clark, which was fatal to its case. There were no conflicting judgments on the issue, and the respondent's grounds for appeal lacked merit. The respondent's case regarding the unfair...

Source-derived case information.

Citation
[2024] ZALCJHB 245
Parties
Applicant: Solidarity obo Members; Respondent: Sahara African Living (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
24 June 2024
Case Number
JS829/21
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Breach of Contract and Unfair Dismissal Claims
Outcome
Application for leave to appeal dismissed.
Judges
M Makhura
Legal Topics
Breach of Contract, Unfair Dismissal, Notice Pay, Leave to Appeal, Retrenchment Dispute
Labour Law Civil Procedure Breach of Contract Unfair Dismissal Notice Pay Leave to Appeal Retrenchment Dispute

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Parties

Solidarity obo Members

Applicant

Sahara African Living (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Breach of Contract and Unfair Dismissal Claims

Legal Issues

  1. 1 Whether the respondent has reasonable prospects of success on appeal regarding the breach of contract claims for Steyn and Clark.
  2. 2 Whether the respondent has reasonable prospects of success on appeal regarding the unfair dismissal or retrenchment dispute.
  3. 3 Whether the respondent has reasonable prospects of success on appeal regarding the claim for notice pay.

Ratio Decidendi

The court found that the respondent had conceded to unilaterally changing the terms and conditions of employment for Steyn and Clark, which was fatal to its case. There were no conflicting judgments on the issue, and the respondent's grounds for appeal lacked merit. The respondent's case regarding the unfair retrenchment dispute was found to be hopeless both on the facts and applicable legal principles. The claim for notice pay was similarly without merit. The court concluded that there were no reasonable prospects of success on appeal and no compelling reason for the appeal to be heard. 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.