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[2014] ZALCJHB 111
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SATAWU obo Mtlatso v Commission for Conciliation Mediation And Arbitration and Others (JR381/12) [2014] ZALCJHB 111 (13 March 2014)
REPUBLIC
OF SOUTH AFRICA
IN
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not
reportable
CASE
NO: JR 381/12
In
the matter between:
SATAWU
obo RAMALEPE
MTLATSO
Applicant
And
COMMISSION
FOR CONCILIATION
MEDIATION
AND
ARBITRATION
First
Respondent
NORMAN
MBELENGWA N.O
Second
Respondent
ISIKHONYANE
CLEANING SERVICES (PTY) LTD
Third
Respondent
Delivered
on 13 March 2014
JUDGMENT
MOLAHLEHI
J
[1]
This
is an application for leave to appeal against the judgment of this
Court made on 30 July 2013, in terms of which
the
arbitration award made under case number GAJB
25033/11
dated 12 December 2011 was reviewed and set aside. The arbitration
award was substituted with the order to the effect that
the dismissal
of the individual applicant was unfair.
[2]
The
appellant (the third respondent in the review application) 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