THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not reportable
Case No: JS168/15
In the matter between:
JOB MYBOY MLAMBO AND OTHERS Applicant
and
CHOPPIES SOUTH AFRICA (PTY) LTD Respondent
Heard: 16 January 2024 (In Chambers)
Delivered: 16 January 2024
JUDGMENT –
LEAVE TO APPEAL
BALOYI, AJ
Introduction
[1] The respondent has approached this Court seeking leave to appeal against
certain portions of the orders made in the judgment prepared by myself and
handed down on 27 October 2023.
The issues
[2] The respondent’s application rests on three issues. Firstly, the Court allowed
individuals who were not initially before the Court to be parties in the matter.
Secondly, Mr Mabusela was awarded a relief of reinstatement given the
closure of the Rustenburg branch. Thirdly, the finding in favour of the Koster,
Lichtenburg and Swaartruggens employees who are awarded compensation.
[3] At the time of considering this application, the applicant’s written submissions
were not part of the Court file documents. The time within which such
submissions were to be filed had expired.
[4] After having considered the application, read with the orders made , I have
come to the conclusion that there are prospects of success on some of the
orders made.
[5] It will therefore be in the interest of justice to have the appeal heard.
[6] In the premises, the following order is made:
Order
1. The application for leave to appeal is granted.
2. There is no order as to costs.
M Baloyi
Acting Judge of the Labour Court of South Africa