South Africa Ruling

Labour Court Johannesburg

Vision Integrated Workers Union and Others v Sandton Plant Hire (Pty) Ltd (JS360/19) [2021] ZALCJHB 369 (18 October 2021)

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Research organized from the available case record

Source document

01

Holding and result

The court found that the respondent failed to present persuasive grounds indicating reasonable prospects of success on appeal. The grounds for leave to appeal were considered against the applicable test and the judgment in the main action. The court was not satisfied that another court would come to a different conclusion regarding the findings of procedural and substantive unfairness in the dismissals. Accordingly, leave to appeal was refused.

Court disposition

Leave to appeal is refused.

Orders

  • Leave to appeal is refused.
  • No order as to costs.

02

Material facts

Parties

Vision Integrated Workers Union

Applicant

William Modiba

Applicant

Joseph Masina

Applicant

The Dismissed Employees of Sandton Plant Hire (Pty) Ltd

Applicant

Sandton Plant Hire (Pty) Ltd

Respondent

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal Following Judgment in Main Action

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicants maintain that the original judgment correctly found the dismissals to be procedurally and substantively unfair, and that the respondent has not advanced any new or persuasive grounds to justify leave to appeal.
Respondent
The respondent contends that the judgment was incorrect in finding the dismissals unfair and seeks leave to appeal, arguing that there are prospects of success on appeal.

05

Court’s reasoning

  1. 01

    Section 17(1) of the Superior Courts Act, 10 of 2013

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

  2. 02

    National Union of Mineworkers v East Rand Gold & Uranium Co Ltd (1992) 13 ILJ 1021 (A)

    The test for leave to appeal is whether the applicant has demonstrated reasonable prospects of success.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the respondent failed to present persuasive grounds indicating reasonable prospects of success on appeal. The grounds for leave to appeal were considered against the applicable test and the judgment in the main action. The court was not satisfied that another court would come to a different conclusion regarding the findings of procedural and substantive unfairness in the dismissals. Accordingly, leave to appeal was refused.

Obiter and limits

  • No order as to costs was made, reflecting the court's discretion in labour matters.

Court disposition

Leave to appeal is refused.

  • Leave to appeal is refused.
  • No order as to costs.

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 369

IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

Not Reportable

Case No: JS 360/19

In the matter between:

VISION

INTEGRATED WORKERS UNION 1st Applicant

WILLIAM MODIBA 2nd Applicant

JOSEPH MASINA 3rd Applicant

THE

DISMISSED EMPLOYEES OF SANDTON

PLANT HIRE (PTY) LTD 4TH Applicant

and

SANDTON PLANT HIRE (PTY) LTD Respondent

Heard: In Chambers

Delivered: 18 October 2021, via email to the parties

JUDGMENT- LEAVE TO

APPEAL

MABASO, AJ

[1] This Court made an order in favour of the individual applicants in the main action thus: The dismissal of both Messrs Joseph Masina and Makhathini by the Respondent is both procedurally and substantively unfair; then the Respondent was ordered to reinstate them; that the dismissal of the remaining individual applicants was found to be only procedurally unfair, consequently the Respondent was ordered to pay each of the latter Applicants a compensation equivalent to one month of their respective salaries. Now the Respondent seeks leave to appeal against such an order.

[2] This Court has considered the grounds for leave to appeal, the applicable test and its judgment, which is a subject of this application, but is not satisfied that the Respondent has presented persuasive grounds that there are prospects of success in the appeal. As a result, this application should not succeed.

Order:

1. Leave to appeal is refused.

2. No order as to costs.

Sandile 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 Mineworkers v East Rand Gold & Uranium Co Ltd (1992) 13 ILJ 1021 (A)

Case cited

Superior Courts Act, 10 of 2013

Legislation

Legislation referenced in the available case record.

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