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[2014] ZALCJHB 107
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NEHAWU obo Lekhuleni v Mpumalanga Department of Finance and Others (J1905/11) [2014] ZALCJHB 107 (13 March 2014)
REPUBLIC
OF SOUTH AFRICA
IN THE LABOUR COURT OF
SOUTH AFRICA, JOHANNESBURG
JUDGMENT
NOT
REPORTABLE
CASE
NO: J1905/11
In
the matter between:
NEHAWU
OBO PM
LEKHULENI
Applicant
And
MPUMALANGA
DEPARTMENT OF
FINANCE
First
Respondent
GENERAL PUBLIC SERVICE
SECTORAL
BARGAINING
COUNCIL
Second
Respondent
Adv SZ SIBEKO
Third
Respondent
Delivered
on 13 March 2014
JUDGMENT:
LEAVE TO APPEAL
MOLAHLEHI
J
[1]
This
is an application for leave to appeal against the judgment of this
Court made on 20 November 2013, in terms of which the applicant’s
application to review the arbitration award made under case number
DPEC990/2009 was dismissed.
[2]
The
applicant has in this application raised several grounds of leave to
appeal to the Labour Appeal Court. I do not deem
it necessary
to repeat the grounds of leave to appeal as set out in the applicant
application in this judgment. I have taken those
grounds of leave to
appeal into account in arriving at the conclusion at the end of this
judgment.
[3]
In
considering whether leave to appeal should be granted or refused the
test to apply is whether there is a reasonable possibility
that
another court is likely to arrive at a different decision to that of
the court a quo. The importance of the matter is also
a factor to
take into account in the consideration of whether leave to appeal
should be granted or refused.
[4]
In
the present matter taking the above into consideration I am not
persuaded that the applicant has made out a case that another
court
may reasonably arrive at a decision different to the one reached by
this court. I am also not persuaded that there
is any other
basis that warrants the granting of leave to appeal.
[5]
In
the premises, the leave to appeal to the Labour Appeal Court is
refused.
E Molahlehi
Judge
of the Labour Court of South Africa
Appearances:
Matter
considered in Chambers