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[2011] ZALCJHB 159
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Moripe v General Public Service Sectoral Bargaining Council and Others (JR 662/2010) [2011] ZALCJHB 159 (1 October 2011)
IN THE
LABOUR COURT OF SOUTH AFRICA
(HELD AT
JOHANNESBURG)
CASE NO: JR
662/2010
In the matter between
MORIPE
RABONE
..............................................................................................................
APPLICANT
And
GENERAL PUBLIC
SERVICE SECTORAL
BARGAINING COUNCIL
...........................................................................................
1
ST
RESPONDENT
IA SHIRKHOT
....................................................................................................
2
ND
RESPONDENT
DEPARTMENT OF
HOME AFFAIRS
......................................................................
3
RD
RESPONDENT
LEAVE TO APPEAL JUDGMENT
CAWE AJ:
[1] The Applicant has applied for leave to appeal against my judgment
of 24
th
July 2011. In that judgment, I dismissed the
review application.
[2] The third Respondent filed what is titled “THIRD
RESPONDENT’S SUBMISSION ON APPLICANT’S APPLICATION FOR
LEAVE TO APPEAL.” The document proceeds to lay out reasons for
the third Respondent to believe that the Applicant’s
application for leave to appeal has no merits. I have thus assumed
that the Respondent meant to oppose the instant application.
[3] The background to the review application in this court was that
the Commissioner, IA Shirkhot, erred in dismissing the Applicant’s
claim that he had been constructively dismissed by the third
Respondent.
[4] I am mindful of the fact that the Applicant was unassisted at the
review application and thus could have failed to articulate
his case
convincingly. It is also apparent in his submissions, in support of
the instant application, that he battles to set out
his case
accurately. His grounds of appeal are bald and do not make reference
to my judgment. I do not deem it necessary to go
into these grounds
of the appeal in this judgment.
[5] The test for the granting for leave to appeal is that the
applicant needs to demonstrate that there is a reasonable prospect
that another court may come to a different finding with regard to the
merits of the proposed appeal. I have applied the test to
the
Applicant’s submission (on the papers) and have had regard for
both parties’ versions and their pleadings and have
come to the
conclusion that another court could reasonably come to a different
conclusion on the review application to that reached
by myself in my
judgment.
[6] In the circumstances the following order is made:
1. The application for leave to appeal to the Labour Appeal Court is
granted.
2. The costs shall be the costs in the appeal.
___________________
CAWE AJ
Acting Judge of the Labour Court
Date of judgment : October 2011
Appearances:
The
matter was decided on papers presented by the parties.