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[2009] ZALCJHB 21
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First National Bank Ltd (Westbank Division) v Mooi NO and Others (JR1018/07) [2009] ZALCJHB 21 (5 February 2009)
IN
THE LABOUR COURT OF SOUTH AFRICA
HELD
IN JOHANNESBURG
NOT REPORTABLE
CASE
NO: JR1018/07
In
the matter between:
FIRST
NATIONAL BANK LIMITED
(WESTBANK
DIVISION)
APPLICANT
and
FAIZEL
MOOI
N.O.
1
ST
RESPONDENT
COMMISSION
FOR CONCILIATION
MEDIATION
AND
ARBITRATION
2
ND
RESPONDENT
KEVIN
WELMAN
3
RD
RESPONDENT
JUDGMENT
MOLAHLEHI
J
[1]
This is an application for leave to appeal
against my judgment handed down on 17
th
June 2008 in which I reviewed, set
aside and remitted the matter back to the Second Respondent for
consideration before a Commissioner
other than the First Respondent.
[2]
The Applicant in this application raised
two grounds for leave to appeal. The first ground challenges the
conclusion by this Court
that the CCMA’s powers are confined to
rule on the interpretation and application of collective bargaining
agreements in
terms of section 24 of the Labour Relations Act 66 of
1995 (the LRA). And the second grounds is based on the finding that
Commissioner
committed a gross irregularity in that he did not call
for the agreement to be considered in camera.
[3]
In terms of s166(1) of the LRA a party
whishing 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 above
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 I make the following
order:
(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 :
5
th
February 2009
Appearances
(The
application decided in chambers)