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
Summary, issues, holding and outcome
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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.
Legal Issues
- 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 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.
Full Case Text
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