South Africa: Johannesburg Labour Court, Johannesburg

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[2016] ZALCJHB 146
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Engelbrecht v Fraser Alexander (Pty) Ltd (JS518/2014) [2016] ZALCJHB 146 (8 April 2016)
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THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
JUDGMENT
Not reportable
Case No: JS 518/2014
In the matter between:
BAREND JOHANNES JAKOBUS ENGELBRECHT Applicant
(In the application for leave to appeal)
and
FRASER ALEXANDER (PTY) LTD Respondent
(In the application for leave to appeal)
Decided: In Chambers
Judgment: 8 April 2016
Summary: Application for leave to appeal. Application dismissed with costs.
JUDGMENT- APPLICATION FOR LEAVE TO APPEAL
AC BASSON, J
[1] The applicant is seeking leave to appeal against the whole of the judgement handed down by this Court on 10 February 2016. In essence the applicant is submitting that this Court erred in finding that the applicant’s retrenchment was substantively fair and that the Court erred in only awarding three months’ compensation to the applicant.
[2] I do not intend restating the lengthy submissions filed on behalf of both parties. Suffice to point out that I have considered these submissions in arriving at a finding. I have also reconsidered my judgement in light of these submissions.
[3] I am not persuaded that there exists a reasonable prospect of a different court concluding differently on any of the grounds relied on in the Notice of Application for Leave to Appeal.
Order
[4] In the event the following order is made.
4.1 The application for leave to appeal is dismissed with costs.
________________
AC Basson, J
Judge of the High Court
Former Judge of the Labour Court
Representatives:
For the Applicant: Dr G Ebersöhn of Gerrie Ebersöhn Attorneys
For the Respondent: Advocate MJ van As
Instructed by: Webber Wentzel Attorneys