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[2008] ZALCJHB 11
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MTSA (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (JR1376/06) [2008] ZALCJHB 11 (5 December 2008)
IN
THE LABOUR COURT OF SOUTH AFRICA
HELD
IN JOHANNESBURG
NOT
REPORTABLE
CASE NO: JR1376/06
In
the matter between:
MTSA
(PTY) LTD
APPLICANT
and
COMMISSION
FOR CONCILIATION
MEDIATION
AND ARBITRATION
1
ST
RESPONDENT
ADVOCATE
R. BRACKS
N.O.
2
ND
RESPONDENT
HARVEY
S.
RADEBE
3
RD
RESPONDENT
JUDGMENT
Molahlehi J
[1]
This is an application for leave to appeal
against my judgment handed down on 5
th
May 2008 in which I dismissed the
application to review and set aside the arbitration award issued by
the second respondent under
case number GAJB 8996-05 dated 20
th
May 2006 with costs. This matter was considered on the basis of the
papers submitted by the parties.
[2]
The applicant in this application for leave
to appeal has raised several grounds for leave to appeal. I do not
deem it necessary
to repeat those grounds in this judgment.
[3]
In terms of section 166(1) of the Labour
Relations Act 66 of 1995 (the LRA) a party wishing to appeal to the
Labour Appeal Court
against a judgment of the Labour Court has to
obtain leave to do so from the Labour Court. The test to apply when
considering whether
or not to grant leave to appeal is whether there
is a reasonable prospect that another Court may come to a different
conclusion
to that of the Labour Court.
[4]
I have carefully considered the grounds for
leave to appeal as set out in the application for leave to appeal to
the Labour Appeal
Court. I have also considered my judgment including
the submissions made by both parties. I am persuaded that another
Court may
come to a different conclusion to the one reached by me in
my judgment.
[5]
In the circumstances the following order is
made:
(i)
The application for leave to appeal to the
Labour Appeal Court against the whole of the judgment is granted.
(ii)
The costs to be costs in the appeal.
_______________
Molahlehi
J
Date
of Judgment: 30
th
October 2009
Appearances
(Leave
to Appeal decided on papers)