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2024
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[2024] ZALCJHB 144
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Lakes Hotel and Conference (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration (CCMA) and Others (J 468/2020) [2024] ZALCJHB 144 (27 March 2024)
THE LABOUR COURT OF
SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case no: J 468/2020
In the matter between:
THE
LAKES HOTEL AND CONFERENCE (PTY) LTD
Applicant
and
COMMISSION
FOR CONCILIATION, MEDIATION
AND
ARBITRATION
(CCMA)
First
Respondent
AUBREY
MOTEBANG MOKOENA
N.O
Second Respondent
MATEBESE
MATHEWS DIKGALE
Third
Respondent
THE
SHERRIF BENONI
Fourth
Respondent
Decided:
In Chambers
Delivered:
27 March 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 27 March 2024
JUDGMENT: APPLICATION
FOR LEAVE TO APPEAL
PRINSLOO,
J
[1]
On 19 December 2023 this Court issued an
order staying the writ of execution obtained by the Third Respondent
(Respondent) on 22
March 2022 and suspending the enforcement of the
arbitration award, pending the outcome of the review application
filed under case
number JR 355/22.
[2]
The Respondent subsequently requested
written reasons for the order, which reasons were provided on 7
February 2024.
[3]
Rule 30(3) of the Rules of the Labour Court
(the Rules) provides that an application for leave to appeal is to be
made within 10
days after the date on which reasons are given.
In
casu
the reasons were given on 7
February 2024 and the prescribed 10 days to file an application for
leave to appeal expired on 21 February
2024. The Respondent filed his
submissions in terms of Rule 30(3A) on 13 March 2024.
[4]
I have considered the grounds for appeal
and the submissions made in support thereof and I do not intend to
repeat those herein.
The test for leave to
appeal
[5]
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]
.
[6]
Section 166(1) of the LRA makes it clear
that only a final judgment or order is appealable.
[7]
In casu
an
interim order was issued, which merely stayed execution pending the
finalisation of a pending review application. Neither the
merits of
the review application nor any of the Respondent’s submissions
regarding the status of the review 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.
[8]
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).