van der Bank v Matlatle NO and Others (JR1193/19) [2021] ZALCJHB 119 (21 June 2021)
- Citation
- [2021] ZALCJHB 119
- Status
- Ruling
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- S Mabaso
- Case number
- JR1193/19
More details
- Court
- Labour Court Johannesburg
- Panel
- S Mabaso
- Case number
- JR1193/19
On this page
Professional case brief
Research organized from the available case record
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
ApplicantCommissioner D E Matlatle N.O.
RespondentCommission for Conciliation, Mediation and Arbitration
RespondentBarloworld South Africa (Pty) Ltd t/a Barloworld Equipment
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal to the Labour Appeal Court
04
Questions and positions
Legal issues
- 01
Whether there are reasonable prospects that another court would reach a different conclusion.
- 02
Whether leave to appeal should be granted against the judgment and order delivered on 29 April 2019.
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
Legal principles
- 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.
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Ruling
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
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