Baning, Insurance, Finance, and Assurance Workers Union (BIFAWU) obo Members v Legalwise Expenses Insurance South Africa t/a Legalwise (J3375/17) [2019] ZALCJHB 356 (18 December 2019)

55 Reportability

Brief Summary

Appeal — Leave to appeal — Application for leave to appeal against dismissal of claim — Prospects of success established — Leave to appeal granted. The applicant, Baning, Insurance, Finance, and Assurance Workers Union (BIFAWU), sought leave to appeal against a judgment dismissing their claim. The court found that there were sufficient prospects of success for the Labour Appeal Court to consider overturning the initial decision, thus granting the application for leave to appeal without costs.

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[2019] ZALCJHB 356
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Baning, Insurance, Finance, and Assurance Workers Union (BIFAWU) obo Members v Legalwise Expenses Insurance South Africa t/a Legalwise (J3375/17) [2019] ZALCJHB 356 (18 December 2019)

THE
LABOUR COURT OF SOUTH AFRICA,
JOHANNESBURG
Not Reportable
Case No: J 3375/17
In
the matter between:
BANING, INSURANCE,
FINANCE, AND ASSURANCE
WORKERS UNION (BIFAWU)
OBO 79 MEMBERS

Applicant
and
LEGALWISE EXPENSES
INSURANCE SOUTH
AFRICA
t/a LEGALWISE

Respondent
Considered:  In
Chambers
Delivered:
18 DECEMBER 2019
JUDGEMENT:
LEAVE TO APPEAL
Mabaso AJ
[1]
This is an opposed
application for leave to appeal by the applicant, against the whole
judgment of this Court delivered on 30 August
2019 whereby this Court
dismissed their claim.
[2]
I have considered all the grounds for leave to appeal and I conclude
that there are prospects of success
that the Labour Appeal Court
might overturn my decision.
.
[3]
In the circumstances, I make the following order:
Order
1.
The application for leave to appeal is granted
2.
There is no order as to costs.
__________________
S Mabaso
Acting
Judge of the Labour Court of South Africa