Walters v Gaylard NO and Others (JR940/08) [2015] ZALCJHB 91 (12 March 2015)

Walters v Gaylard NO and Others (JR940/08) [2015] ZALCJHB 91 (12 March 2015)

The court, after considering the submissions of the respondents, found that there is a reasonable prospect that another court might reach a different conclusion regarding the applicant's reasonable expectation of renewal of his fixed term contract. Accordingly, leave to appeal was granted on all grounds outlined in the application for leave to appeal.

Citation
[2015] ZALCJHB 91
Parties
Applicant: Bobby Walters; Respondent: Jeanne Gaylard N.O.; Respondent: Metal & Engineering Industries Bargaining Council; Respondent: Global Industrial Consultants (Pty) Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
12 March 2015
Case Number
JR940/08
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Fixed Term Contract Renewal and Compensation.
Outcome
Leave to appeal granted on all grounds outlined in the application for leave to appeal. Costs to be costs in the appeal.
Judges
Gaibie
Legal Topics
Fixed Term Contracts, Reasonable Expectation of Renewal, Leave to Appeal, Compensation, Costs Award

Case Brief

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Parties

Bobby Walters

Applicant

Jeanne Gaylard N.O.

Respondent

Metal & Engineering Industries Bargaining Council

Respondent

Global Industrial Consultants (Pty) Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Fixed Term Contract Renewal and Compensation.

  1. 1 Whether there is a reasonable prospect that another court might reach a different conclusion regarding the applicant's reasonable expectation of renewal of his fixed term contract.
  2. 2 Whether leave to appeal should be granted on all grounds outlined in the application.

Ratio Decidendi

The court, after considering the submissions of the respondents, found that there is a reasonable prospect that another court might reach a different conclusion regarding the applicant's reasonable expectation of renewal of his fixed term contract. Accordingly, leave to appeal was granted on all grounds outlined in the application for leave to appeal.

Court Disposition

Leave to appeal granted on all grounds outlined in the application for leave to appeal. Costs to be costs in the appeal.

Orders

  • The application for leave to appeal is granted on all grounds outlined in the application for leave to appeal.
  • Costs shall be costs in the appeal.