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[2017] ZALCCT 31
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Dorey v TSB Sugar RSA Ltd (JS287/12) [2017] ZALCCT 31 (30 June 2017)
IN
THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN
Not Reportable
case
no:
JS
287/12
In
the matter between:
MADELINE
DOREY
Applicant
and
TSB
SUGAR RSA
LTD
Respondent
Heard
:
22 June 2017 (In Chambers)
Delivered
:
30 June 2017
Summary:
Application for leave to appeal. The test remains that of
reasonable prospects that another court may arrive at a different
conclusion.
Held: (1) The application for leave to appeal is
dismissed with costs.
JUDGMENT-LEAVE
TO APPEAL
MOSHOANA,
AJ
Introduction
[1]
This is an application for leave to appeal against the whole judgment
and order of this court handed down on 03 May 2017. The
application
is opposed.
Background
facts
[2]
The applicant, Ms Dorey was charged and dismissed
for alleged misconduct. The applicant considered her dismissal to be
in contravention
of the Protected Disclosure Act and accordingly
automatically unfair. She approached this court for relief. After a
protracted
trial, this court concluded that her dismissal is
automatically unfair and granted her maximum compensation. The
respondent, TSB
Sugar was aggrieved thereby and launched the present
application for leave to appeal.
Evaluation
[3]
The
test whether leave to appeal should be granted remains that spelled
out in section 17(1) of the Superior Courts Act
[1]
.
If an applicant fails to meet the test, like the applicant before me,
leave should be refused. I have carefully considered the
applicant’s
grounds for leave to appeal and I am firmly of the view that there
are no reasonable prospects that another court
may come to a
different conclusion.
[4]
Accordingly, I conclude that the application
should fail.
Order
[4]
In the results, I make the following order:
1.
The application
for leave to appeal is hereby dismissed.
2.
The respondent,
TSB Sugar is to pay the costs.
_______________________
GN Moshoana
Acting
Judge of the Labour Court of South Africa
Appearances
For
the Applicant: S Lancaster of Lancaster Kungoane Attorneys,
Centurion.
For
the Respondent: Adv O Mooki, instructed by Norton Rose Fulbright SA
Inc, Sandton.
[1]
Act 10 of 2013. See Seathlolo and Another v CEPPWAWU and others
[2016] 37 ILJ 1485 (LC)