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[2009] ZALCJHB 79
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National Prosecuting Authority and Others v Public Servants Association and Others (J456/08) [2009] ZALCJHB 79 (28 May 2009)
IN
THE LABOUR COURT OF SOUTH AFRICA
HELD
IN JOHANNESBURG
NOT
REPORTABLE
CASE
NO: J456/08
In
the matter between:
NATIONAL
PROSECUTING
AUTHORITY
1
ST
APPLICANT
DEPARTMENT
OF JUSTICE AND
CONSTITUTIONAL
DEVELOPMENT
2
ND
APPLICANT
MINISTER
OF JUSTICE AND
CONSTITUTIONAL
DEVELOPMENT
3
RD
APPLICANT
and
THE
PUBLIC SERVANTS
ASSOCIATION
1
ST
RESPONDENT
PSA
MEMBERS
2
ND
AND FURTHER
RESPONDENTS
SOCIETY
OF STATE
ADVOCATES
3
RD
RESPONDENT
THE
HON JUDGE McNALLY
N.O.
4
TH
RESPONDENT
SECTORAL
BARGAINING
COUNCIL
5
TH
RESPONDENT
JUDGMENT
MOLAHLEHI
J
Introduction
[1]
This is an application for leave to appeal
against my judgment handed down on 19
th
November 2008, in terms of which I made an order reviewing and
setting aside the decision of the Fourth Respondent and substituted
that decision with a decision dismissing the Respondents’
claim.
[2]
The Applicants (the respondents in the
review application) in this application for leave to appeal have
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 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 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 :
28
th
May 2009
Appearances
(Leave
to Appeal decided on papers)