South Africa: Johannesburg Labour Court, Johannesburg

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