About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Johannesburg Labour Court, Johannesburg
SAFLII
>>
Databases
>>
South Africa: Johannesburg Labour Court, Johannesburg
>>
2011
>>
[2011] ZALCJHB 136
|
|
Mohlake v Shadlow NO and Others (JR 1282/09) [2011] ZALCJHB 136 (1 October 2011)
IN THE LABOUR COURT OF SOUTH AFRICA
(HELD
AT JOHANNESBURG)
LABOUR CASE
NO: JR 1282/09
In the matter
between
MOHLAKE NANCY
..................................................................................................
APPLICANT
And
COMMISSIONER JOHN
SHADLOW
.................................................................
1
ST
RESPONDENT
COMMISION FOR
CONCILIATION,
MEDIATION AND
ARBITRATION
...................................................................
2
ND
RESPONDENT
PICK ‘n PAY
HYPERMARKET (FAERIE GLEN)
...................................................
3
RD
RESPONDENT
LEAVE TO APPEAL JUDGMENT
CAWE AJ:
[1] The
Applicant seeks leave to appeal an order dismissing her review
application handed down on the 24
th
April 2011. The
application for leave to appeal was brought on 25
th
July
2011 and is opposed by the Respondent.
[2] The delay in
bringing the instant application was occasioned by the fact that the
judgment of the 29
th
April 2011 was ex tempore. The
Applicant then requested reasons for judgment in order to lodge the
appeal. There was, therefore,
no need for the Applicant to apply for
condonation as the application for leave to appeal was done
timeously.
[3] The applicant
has, in its application for leave to appeal, raised several grounds
of leave to appeal of which I do not deem
it necessary to repeat in
this judgment.
[4] 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.
[5] However, I have
had regard to the grounds on which leave to appeal is sought as set
out in the parties’ submissions and
pleadings. I have also
considered my judgment and I am of the view that there is no
reasonable prospect that another court might
come to a different
conclusion to the one reached by myself in my judgment. I therefore
stand by the reasoning and conclusion that
I reached in my judgment.
[6] In the
circumstances the Appellant’s application for leave to appeal
is dismissed.
[7] There is no
order as to costs.
___________________
CAWE AJ
Acting judge of the Labour Court
Date of judgment :
October 2011
Appearances
The matter was
considered on papers presented by the parties.