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2024
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[2024] ZALCJHB 31
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Impala Bafokebg Resources (Pty) Ltd v National Union of Mineworkers and Others (J1774/23) [2024] ZALCJHB 31 (7 February 2024)
THE LABOUR COURT OF
SOUTH AFRICA. JOHANNESBURG
Not reportable
Case no: J 1774/23
In the matter between:
IMPALA
BAFOKENG RESOURCES (PTY) LTD
Applicant
And
NATIONAL UNION OF
MINEWORKERS
First Respondent
THE INDIVIDUALS LISTED
IN ANNEXURE “A”
TO THE NOTICIE OF
MOTION Second
to 2072 Respondent
THE INDIVIDUALS LISTED
IN ANNEXURE “B”
TO THE NOTICIE OF
MOTION 2073
to 2076 Respondent
Decided:
In Chambers
Delivered
:
07 February 2024
T
his
judgment was handed down electronically by circulation to the
parties' representatives by email. The date for hand-down is deemed
to be on 07 February 2024
JUDGMENT: APPLICATION
FOR LEAVE TO APPEAL
PRINSLOO, J
[1]
The Second to 2076
th
Respondent applied for leave to appeal against an order handed down
on 21 December 2023. The application for leave to appeal is
unopposed.
[2]
I have considered the grounds for appeal
and I do not intend to repeat those herein.
The test for leave to
appeal
[3]
It
is trite that there is no automatic right of appeal against a
judgment of the Labour Court. This much is clear from section 166(1)
of the Labour Relations Act
[1]
(LRA) which provides that any party to any proceedings before the
Labour Court may apply for leave to appeal to the Labour Appeal
Court
against any final judgment or final order of the Labour Court. In
order to be entitled to leave to appeal, an applicant in
an
application for leave to appeal must satisfy this Court that there is
a reasonable prospect that another court could come to
a different
conclusion
[2]
.
[4]
Section 166(1) of the LRA makes it clear
that a final judgment or order is appealable.
[5]
In casu
an
interim order was issued, with a return date of 18 March 2024. The
merits of the application were not finally decided and no
final
judgment or order was granted. As a result, the provisions of section
166(1) do not apply and the order granted is not appealable.
[6]
In the premises, the following order is
made:
Order
1.
The application for leave to appeal is
dismissed.
Connie Prinsloo
Judge of the Labour Court
of South Africa
[
1]
No. 66 of 1995, as amended.
[2]
See:
Woolworths
Ltd v Matthews
[1999]
3 BLLR 288
(LC).