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[2009] ZALCCT 13
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Falcon Forest (Pty) Ltd t/a Royal Ascot Superspar (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (C374/06) [2009] ZALCCT 13 (4 November 2009)
IN
THE LABOUR COURT OF SOUTH AFRICA
HELD
IN CAPE TOWN
NOT
REPORTABLE
CASE
NO: C374/06
In
the matter between:
FALCON
FOREST (PTY) LTD
t/a
R
OYAL ASCOT SUPERSPAR (PTY)
LTD
APPLICANT
and
COMMISSION
FOR CONCILIATION
MEDIATION
AND ARBITRATION
1
ST
RESPONDENT
SOEWYA
FLOWERS
N.O.
2
ND
RESPONDENT
COSAWU
obo
VUSI
KHUMALO
3
RD
RESPONDENT
JUDGMENT
Molahlehi
J
[1]
This is an application for leave to appeal
against my judgment handed down on 11
th
July 2009 in which I dismissed the
application to review and set aside the arbitration award issued by
the second respondent under
case number WE15954-05 dated 9
th
May 2006 with costs. This matter was considered on 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 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: 4
th
November 2009
Appearances
(Leave
to appeal decided on papers)