WBHO Construction (PTY) Ltd v Gxilishi and Others :In re: Gxilishi and Others v WBHO Construction (PTY) Ltd (C70/18, C71/18, C72/18) [2022] ZALCJHB 145 (31 May 2022)

WBHO Construction (PTY) Ltd v Gxilishi and Others :In re: Gxilishi and Others v WBHO Construction (PTY) Ltd (C70/18, C71/18, C72/18) [2022] ZALCJHB 145 (31 May 2022)

The Court found that there is merit in the applicant's submissions regarding reasonable prospects of success on appeal, specifically on whether the respondents voluntarily participated in the strike and whether reinstatement is reasonably practicable. The existence of conflicting judgments on these issues further supports granting leave to appeal. The Court was persuaded that another court could reach a different conclusion and therefore granted the application for leave to appeal.

Citation
[2022] ZALCJHB 145
Parties
Applicant: WBHO Construction (PTY) Ltd; Respondent: Mziyanda Gxilishi; Respondent: Mvelelo Skom; Respondent: Khanyile Culayo
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
31 May 2022
Case Number
C70/18, C71/18, C72/18
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Unfair Dismissal
Outcome
Leave to appeal granted.
Judges
Mahosi
Legal Topics
Unfair Dismissal, Reinstatement, Strike Action, Leave to Appeal
Labour Law Unfair Dismissal Reinstatement Strike Action Leave to Appeal

Case Brief

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Parties

WBHO Construction (PTY) Ltd

Applicant

Mziyanda Gxilishi

Respondent

Mvelelo Skom

Respondent

Khanyile Culayo

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Unfair Dismissal

Legal Issues

  1. 1 Whether the respondents voluntarily participated and acted in furtherance of the strike.
  2. 2 Whether reinstatement of the respondents is reasonably practicable.
  3. 3 Whether there are reasonable prospects of success for the appeal.

Ratio Decidendi

The Court found that there is merit in the applicant's submissions regarding reasonable prospects of success on appeal, specifically on whether the respondents voluntarily participated in the strike and whether reinstatement is reasonably practicable. The existence of conflicting judgments on these issues further supports granting leave to appeal. The Court was persuaded that another court could reach a different conclusion and therefore granted the application for leave to appeal.

Court Disposition

Leave to appeal granted.

Orders

  • The application for leave to appeal is granted.
  • There is no order as to costs.