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[2009] ZALCJHB 6
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Coca-Cola Fortune (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1419/05) [2009] ZALCJHB 6 (30 October 2009)
IN
THE LABOUR COURT OF SOUTH AFRICA
HELD
IN JOHANNESBURG
NOT REPORTABLE
CASE NO: JR1419/05
In
the matter between:
COCA-COLA
FORTUNE (PTY) LTD
APPLICANT
and
COMMISSION
FOR CONCILIATION
MEDIATION
AND ARBITRATION
1
ST
RESPONDENT
R
BYRNE N.O.
2
ND
RESPONDENT
FAWU
obo
LUCKY SIBIYA
3
RD
RESPONDENT
JUDGMENT
Molahlehi J
[1]
This is an application for leave to appeal
against my judgment handed down on 29
th
November 2007 in which I dismissed
the application to review and set aside the arbitration award issued
by the second respondent
under case number MP26-05 dated 29
th
April 2005 with costs. This matter was considered only on the written
submissions made 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 s166(1) of the Labour Relations
Act 66 of 1995 (the Act) 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 written submissions made by both parties. I am not 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 judgment is dismissed.
(ii)
There is no order as to costs.
_______________
Molahlehi J
Date
of Judgment: 30
th
October 2009
Appearances
(Leave
to appeal decided on papers)