Vermaak and Another v Sea Spirit Trading 162 CC t/a Paledi Super Spar and Others (JS964/2015) [2017] ZALCJHB 109 (23 March 2017)

Vermaak and Another v Sea Spirit Trading 162 CC t/a Paledi Super Spar and Others (JS964/2015) [2017] ZALCJHB 109 (23 March 2017)

The court found, after considering the application and the grounds for appeal, that there is a reasonable prospect that another court could arrive at a different conclusion than the one reached by the Labour Court. Additionally, the court held that an important question of law is present, justifying the granting of leave to appeal.

Citation
[2017] ZALCJHB 109
Parties
Applicant: Cornelius Marthinus Vermaak; Applicant: Marlene Daphne Vermaak; Respondent: Sea Spirit Trading 162 CC t/a Paledi Super Spar; Respondent: Greenville Trading 543 CC t/a Paledi Tops; Respondent: The Spar Group Limited t/a Paledi Super Spar
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
23 March 2017
Case Number
JS964/2015
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment
Outcome
Leave to appeal is granted.
Judges
Prinsloo
Legal Topics
Leave to Appeal, Reasonable Prospects of Success
Labour Law Leave to Appeal Reasonable Prospects of Success

Case Brief

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Parties

Cornelius Marthinus Vermaak

Applicant

Marlene Daphne Vermaak

Applicant

Sea Spirit Trading 162 CC t/a Paledi Super Spar

Respondent

Greenville Trading 543 CC t/a Paledi Tops

Respondent

The Spar Group Limited t/a Paledi Super Spar

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment

Legal Issues

  1. 1 Whether the Third Respondent has reasonable prospects of success on appeal.
  2. 2 Whether another court could reach a different conclusion than the Labour Court.
  3. 3 Whether there is an important question of law requiring appellate consideration.

Ratio Decidendi

The court found, after considering the application and the grounds for appeal, that there is a reasonable prospect that another court could arrive at a different conclusion than the one reached by the Labour Court. Additionally, the court held that an important question of law is present, justifying the granting of leave to appeal.

Court Disposition

Leave to appeal is granted.

Orders

  • Leave to appeal is granted.
  • Costs to be costs in the appeal.