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Applied to explain that prospects of success are an important aspect of the interests of justice enquiry when deciding whether to grant leave to appeal.
Cited by the applicant for the proposition that the CCMA or bargaining council which wrongly interprets a legal instrument commits a reviewable irregularity.
Applied to explain that leave to appeal requirements protect the court against meritless appeals which would delay justice.
Applied to support the principle that this Court functions better when assisted by well-reasoned judgments on issues and should not be made a court of first…
Cited for the principle that public interest in constitutional issue determination is relevant to granting leave to appeal.
The Constitutional Court dismissed the application for leave to appeal. The Court held that while jurisdiction was engaged as the matter involved…
Cited for the principle that a constitutional matter includes any issue involving an arguable point of law of general public importance.
Cited for the principle that the importance of the issue is relevant in determining whether to grant leave to appeal.
Relied on by the applicant and applied by this Court to establish that proper interpretation and application of the LRA raises a constitutional matter and…
Applied to support the proposition that this Court has jurisdiction in labour matters.
Labour Appeal Court I upheld the applicant's appeal and set aside the Labour Court's order, finding the Labour Court lacked jurisdiction; appeal upheld.
Labour Court II reviewed and set aside Bargaining Council's ruling on jurisdiction and remitted the matter to the Bargaining Council for arbitration.