IN THE LABOUR COURT OF SOUTH AFRICA, HELD AT JOHANNESBURG
CASE NO: JS751/22
In the matter between:
SOUTHERN AFRICAN CLOTHING AND
TEXTILE WORKER’S UNION First Applicant
AGRICULTURAL FOOD AND
GENERAL WORKERS’ UNION Second Applicant
KUNENE B & 189 OTHERS Third and Further Applicants
and
AGRI POULTRY (PTY) LTD
t/a DAYBREAK FARM Respondent
Delivered: 26 Sep 2025
JUDGMENT-LEAVE TO APPEAL
MAHALELO, AJ
[1] The applicants filed an application for leave to appeal against paragraphs 58 to
64 of the judgment and paragraph 2 of the order of this Court handed down on
24 July 2025. Specifically, the applicants seek leave to appeal against the
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Court's decision to decline to order reinstatement and instead awarded
compensation.
[2] There is no opposition to the application.
[3] I have considered the grounds for appeal raised by the applicant s as well as
submissions made in support thereof, and I do not intend to repeat those
herein.
[4] It is tri te that, to be entitled to leave to appeal, an applicant must satisfy the
court that it has reasonable prospects of success on appeal and that , based on
the facts and the law , another court would arrive at a conclusion different from
the one reached by the court a quo. 1 Therefore, appeals should be limited to
matters where there is a reasonable prospect that the factual m atrix could
receive a different treatment or where there is some legitimate dispute on the
law.
[5] I have considered the grounds of appeal and the submissions made and am of
the view that the applicants have reasonable prospects of success on appeal.
[6] In the result, the following order is made:
1. Application for leave to appeal to the Labour Appeal Court is granted.
2. There is no order as to costs.
_________________
M B Mahalelo
Acting Judge of the Labour Court
1 Section 17(1)(a) of the Superior Court Act 10 of 2023
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This judgment was handed down electronically by circulation to the parties’ legal
representatives by email and by uploading to case lines. The time and date of delivery is
10H00 on 21 January 2022