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[2012] ZALCCT 29
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South African Breweries Ltd v Commission for Conciliation Mediation and Arbitration and Others (C 665/2011) [2012] ZALCCT 29 (25 July 2012)
Not reportable
Of interest to other judges
REPUBLIC OF SOUTH AFRICA
THE LABOUR COURT OF SOUTH AFRICA,
CAPE TOWN
JUDGMENT
Case
no: C 665/11
In the matter between:
SOUTH AFRICAN BREWERIES LTD
Applicant
and
CCMA
First Respondent
TARIQ JAMODIEN N.O.
Second Respondent
CEDRIC KARSTENS
Third Respondent
Heard
:
In chambers
Delivered
:
25 July 2012
RULING ON LEAVE TO APPEAL
STEENKAMP J
Introduction
The applicant seeks leave to appeal against my judgment of 24 May
2012 in which I dismissed its application for review with costs.
The applicable test
It is trite that the applicable test is whether there is a
reasonable prospect that another court may come to a different
conclusion.
1
To this is sometimes added the interests of justice.
Evaluation / Analysis
On of the issues addressed in my judgment is the appropriate test on
review, especially as regards the role of the commissioner
in
deciding whether the sanction of dismissal was fair.
Despite the apparently clear articulation of the test by Navsa J in
Sidumo
2
and the subsequent
dictum
of the Labour Appeal Court in
Wasteman Group v SAMWU & Others
3
,
there still appears to be some confusion about the commissioner’s
role in this regard.
In my view, it is in the interests of justice that the Labour Appeal
Court should once again provide clear guidance on this aspect
of the
test on review.
Order
Leave to appeal is granted. Costs of this application are to be
costs in the appeal.
_______________________
Steenkamp J
Judge of the Labour Court of South Africa
1
Karbochem
Sasolburg (a division of Sentrachem Ltd) v Kriel
(1999) 20
ILJ
2889 (LC) 2890D.
2
Sidumo
& another v Rustenburg Platinum Mines Ltd & others
(2007)
28
ILJ
2405 (CC) para [75].
3
Unreported,
CA 6/2011 (8 March 2011).