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

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

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.

Citation
[2021] ZALCJHB 119
Parties
Applicant: Willem van der Bank; Respondent: Commissioner D E Matlatle N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Barloworld South Africa (Pty) Ltd t/a Barloworld Equipment
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
21 June 2021
Case Number
JR1193/19
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Labour Appeal Court
Outcome
Application for leave to appeal refused.
Judges
S Mabaso
Legal Topics
Leave to Appeal, Reasonable Prospects, Costs Order
Labour Law Leave to Appeal Reasonable Prospects Costs Order

Case Brief

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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

Procedural Posture

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

Legal Issues

  1. 1 Whether there are reasonable prospects that another court would reach a different conclusion.
  2. 2 Whether leave to appeal should be granted against the judgment and order delivered on 29 April 2019.

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.

Court Disposition

Application for leave to appeal refused.

Orders

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