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South Africa Ruling

Labour Court Johannesburg

van der Bank v Matlatle NO and Others (JR1193/19) [2021] ZALCJHB 119 (21 June 2021)

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Source document

01

Holding and result

The court found, after considering the grounds for leave to appeal and reflecting on the judgment and order, that there are no reasonable prospects that another court would come to a different conclusion. Accordingly, the application for leave to appeal was refused.

Court disposition

Application for leave to appeal refused.

Orders

  • The application for leave to appeal is refused.
  • No costs order is made.

02

Material facts

Parties

Willem van der Bank

Applicant

Commissioner D E Matlatle N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Barloworld South Africa (Pty) Ltd t/a Barloworld Equipment

Respondent

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal to the Labour Appeal Court

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant opposed the application for leave to appeal, contending that the grounds advanced do not establish reasonable prospects of success and that the judgment was correctly decided.
Respondent
The third respondent sought leave to appeal to the Labour Appeal Court, arguing that the judgment and order delivered on 29 April 2019 were incorrect and that another court may reach a different conclusion.

05

Court’s reasoning

  1. 01

    Section 166(1) of the Labour Relations Act, 66 of 1995

    Leave to appeal should only be granted where there are reasonable prospects that another court may come to a different conclusion.

  2. 02

    National Union of Metalworkers of SA v Fry's Metals (Pty) Ltd [2005] 3 All SA 318 (SCA)

    The test for leave to appeal is whether there is a reasonable prospect that another court will come to a different decision.

06

Ratio, limits and disposition

Ratio decidendi

The court found, after considering the grounds for leave to appeal and reflecting on the judgment and order, that there are no reasonable prospects that another court would come to a different conclusion. Accordingly, the application for leave to appeal was refused.

Obiter and limits

  • No costs order is made in this application for leave to appeal.

Court disposition

Application for leave to appeal refused.

  • The application for leave to appeal is refused.
  • No costs order is made.

Source and reliance status

Labour Court Johannesburg

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Judgment reading view

Judgment text

The complete available source text.

Source document

Labour Court Johannesburg

Ruling

[2021] ZALCJHB 119

IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

Not reportable

Case No: JR 1193/19

In the matter between:

WILLEM

VAN DER BANK Applicant

and

COMMISSIONER D E MATLATLE N.O. First Respondent

COMMISSION FOR CONCILATION,

MEDIATION AND ARBITRATION Second

Respondent

BARLOWORLD SOUTH AFRICA(PTY) LTD

t/a

BARLOWORLD EQUIPMENT Third

Respondent

Heard: In Chambers

Delivered: 21 June 2021

JUDGMENT: LEAVE TO APPEAL

MABASO, AJ

[1] The Third Respondent in the principal case has applied for leave to appeal to the Labour Appeal Court against the whole judgement and order of this court delivered on 29 April 2019. This application is opposed by the Applicant.

[2] I have considered the grounds for leave to appeal and reflected on my judgment and its order, and applicable principles, I am convinced that there exist no reasonable prospects that another court would come to a different conclusion to that reached by this Court. In the circumstance, I am impelled to refuse the application.

Order:

1. The application for leave to appeal is refused.

2. No costs order is made.

S Mabaso

Acting Judge of the Labour Court of South Africa

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

National Union of Metalworkers of SA v Fry's Metals (Pty) Ltd [2005] 3 All SA 318 (SCA)

Case cited

Labour Relations Act, 66 of 1995

Legislation

Legislation referenced in the available case record.

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