Fair Discounters (Pty) Ltd v Ngwabani and Others (Application for Leave to Appeal) (JR2049/23) [2025] ZALCJHB 564 (26 October 2025)

30 Reportability

Brief Summary

Labour Law — Leave to appeal — Application for leave to appeal against dismissal of review application — Applicant's grounds of appeal found unpersuasive — Record of proceedings does not support applicant's version — No compelling reason for granting leave to appeal.

THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not reportable
Case No: JR 2049/23
In the matter between:
FAIR DISCOUNTERS (PTY) LTD Applicant
and
NTSAKO NGWABANI AND OTHERS Respondent
Considered: In Chambers
Delivered: 26 November 2025

JUDGMENT: APPLICATION FOR LEAVE TO APPEAL

PEER, AJ
[1] On 28 May 2025 I handed down an ex tempore judgement dismissing the
applicant’s review application.
[2] The applicant seeks leave to appeal this court’s judgement and order.

2
[3] Considering the judgement, the grounds of appeal and the submissions
filed, this court is not persuaded that another court will come to a different
conclusion.
[4] This is more so, on account of the record of the proceedings held at the
Commission for Conciliation, Mediation and Arbitration not supporting the
grounds of review, and counsel for the applicant conceding during the
hearing of the matter that the record does not support the version proffered
by the applicant in the review application.
[5] There is also no other compelling reason why leave to appeal should be
granted.
[6] In the circumstances, the following order is made:
Order
1. The application for leave to appeal is dismissed ;
2. There is no order as to costs .

______________
Y. Peer
Acting Judge of the Labour Court of South Africa