NUM obo Mphofelo and Another v Xstrata South Africa (Proprietary) Limited - Thorncliffe Mine and Others (JR1091/2011) [2018] ZALCJHB 401 (4 December 2018)

30 Reportability

Brief Summary

Labour Law — Application for leave to appeal — Applicant seeking leave to appeal against judgment of Labour Court — Test for leave to appeal requiring demonstration of reasonable prospects of success — Court finding no reasonable prospects established — Application for leave to appeal dismissed.

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[2018] ZALCJHB 401
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NUM obo Mphofelo and Another v Xstrata South Africa (Proprietary) Limited - Thorncliffe Mine and Others (JR1091/2011) [2018] ZALCJHB 401 (4 December 2018)

THE LABOUR COURT OF
SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case no: JR1091/2011
In the matter between:
NUM OBO MPHOFELO, V
AND 1 OTHER

Applicant
and
XSTRATA SOUTH AFRICA
(PROPRIETARY)
LIMITED –
THORNCLIFFE MINE

First Respondent
COMMISSION FOR
CONCILIATION
MEDIATION AND
ARBITRATION

Second Respondent
SIMON MOHUBEDU RANTHO
N.O

Third

Respondent
Decided: In Chambers
Judgment: 4 December
2018
JUDGMENT- APPLICATION
FOR LEAVE TO APPEAL
LALLIE,
J
[1]
The applicant filed an application for leave to appeal against the
whole of the judgment handed down by this Court on 11 April
2018. The
application is opposed by the first Respondent.
[2]
The test for leave to appeal is whether the applicant has reasonable
prospects of success on appeal.
[1]
[3]
I have carefully considered the papers before me. They do not reflect
that the applicant has established reasonable prospects
of success on
appeal.
[4] I accordingly, make
the following order.
Order
1.
The application for leave to appeal is dismissed.
Z
Lallie
Judge
of the Labour Court of South Africa
For
the Applicant: Mosemao Papola Incorporated
For
the Respondent: Bell Dewer Inc
[1]
Lodewicus Adries Micheal Kruger v
The State
612/13 [2013] ZA
(SCA).