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[2015] ZALCJHB 65
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Assmang Limited v Commission for Conciliation Mediation And Arbitration and Others (JR911/13) [2015] ZALCJHB 65 (2 March 2015)
REPUBLIC
OF SOUTH AFRICA
THE
LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
JUDGMENT
CASE
NO.: JR911/13
DATE:
02 MARCH 2015
In
the matter between:-
ASSMANG
LIMITED
..............................................................................................................
Applicant
And
COMMISSION
FOR
CONCILIATION
....................................................................
First
Respondent
MEDIATION
AND ARBITRATION
DAVID
BOBBEJAAN
N.O
......................................................................................
Second
Respondent
WILLIAM
BROWN
GASERANYE
.........................................................................
Third
Respondent
Decided
: In Chambers.
Judgment
: 02 March 2015.
JUDGMENT
SONO,
AJ
[1]
This is an application for leave to appeal against a judgment of this
Court in which the review application filed by the applicant
was
reviewed and set aside and it was further ordered that the matter be
remitted back to the First Respondent for a
de novo
hearing
before a commissioner other than the Second Respondent.
[2]
The applicant raised various grounds in which it argues that the
Court erred in its finding. I do not intend to repeat the various
grounds of appeal set out in the papers, suffice to point out that I
have considered them in deciding this application.
[3]
It is trite that in order to be entitled to leave to appeal, an
applicant in the application for leave to appeal must satisfy
this
Court that it has reasonable prospects of success on appeal and that
based on the facts and the law, a court of appeal could
arrive at a
conclusion different from the conclusion reached by the
Court a
quo
(See in this regard;
Zweni v Minister of Law and Order
1993(1) SA 523 (A).)
[4]
In
casu
I had regard to the test for granting of leave to appeal as set out
in
Zweni
[1]
.
I am of the view that the applicant has made out a case for leave to
appeal and I am further of the view that the Labour
Appeal Court
could come to a different conclusion than that arrived by this Court.
Order
[5]
In the premises the following order is made:
5.1
The application for leave to appeal is granted.
5.2
There is no order as to costs.
Bankey
Sono
Acting
Judge of the Labour Court of South Africa
[1]
Supra.