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[2011] ZALCJHB 245
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Lehari v Mhlave Investment Holdings (Pty) Ltd (J2297/08) [2011] ZALCJHB 245 (25 November 2011)
REPUBLIC OF
SOUTH AFRICA
IN THE
LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
JUDGMENT
Not Reportable
Case no: J2297/08
In the matter between:
LEHARI MAKHOSI
...........................................................................................
Applicant
and
MHLAVE INVESTMENT HOLDINGS (PTY)
LTD
........................................
Respondent
Heard
:
Decided in chambers
Delivered
:
25 November 2011
Summary:
Leave
to appeal. Appeal granted.
JUDGMENT
molahlehi
J
Introduction
This is an
application for leave to appeal against the judgment made by this
Court on 07 June 2011.In that judgment the Court
found that
the
applicant has made out a case that the respondent owes him the
amounts claimed in his statement of case and that the amounts
are
due to him
and ordered the respondent to
pay the applicant R25 000, 00 being the
amount due and owing in respect of the June 2008 salary, R25 000, 00
being the applicant’s
owing and due in respect of the July
2008 salary, R2 445.95 being the amount due and owing in respect of
the applicant’s
petrol reimbursement for June 2008. The court
ordered the respondent to pay the above amounts at the rate of 15.5%
tempora morae.
The
court also ordered the respondent to pay the applicant the costs of
the suit including the costs occasioned by the postponement
of the
matter on 10 March 2011.
The respondent has applied for
condonation for the late filling of the leave to appeal. The
application is not opposed and accordingly
condonation is granted.
The applicant in its leave to appeal
raised several grounds upon which it seeks leave to appeal to the
Labour Appeal Court. I
do not intend repeating the same in this
judgment.
I have read the judgment of this
court and the submissions made by the parties in considering whether
or not leave to appeal should
be granted.
In considering whether to grant or
refuse leave to appeal I have applied the standard test which is to
determine whether there
are reasonable prospects that another court
could come to a different conclusion from the one reached by this
Court.
The respondent has made out a case
for leave to appeal and accordingly its application for leave to
appeal stands to succeed.
In the premises leave to appeal to
the Labour Appeal Court is granted.
_______________________
Molahlehi J
Judge of the Labour Court of South
Africa
Appearances:
Matter decided in chambers