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[2015] ZALCJHB 323
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Morapeng Afrika Leisure (Pty) Ltd v Nengondeni and Others (JR3054/2012) [2015] ZALCJHB 323 (7 August 2015)
IN
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
JUDGMENT
Case no: JR3054/2012
DATE: 07 AUGUST 2015
Not Reportable
In the matter between
MORAPENG
a'AFRIKA LEISURE
(Pty)
Ltd
......................................................................
Appellant
And
KHATHUTSHELO
NENGONDENI
..........................................................................
First
Respondent
Commissioner THEMBA
HLATSWAYO
...............................................................
Second
Respondent
CCMA
..........................................................................................................................
Third
Respondent
Application:
3 June 2015
Delivered:
7 August 2015
APPLICATION FOR LEAVE TO APPEAL
COETZEE AJ
[1]
The
Appellant is Morapeng a'Afrika Leisure (Pty).
[2]
The
First Respondent is Kathutshelo Ngongeni ("the Respondent")
[3]
The Applicant applied to Court to review
and set aside an arbitration award in terms whereof the dismissal of
the Respondent was
found to be unfair and he was consequently
reinstated.
[4]
The parties informed the Court that the
Court should exercise a discretion in the granting of compensation
should the Court be inclined
to review and set aside part of the
award but found that the dismissal was procedurally unfair.
[5]
After
hearing the parties the following order was made:
'ORDER
1
The Arbitration award dated 6 December 2012
made by the Second Respondent under CCMA case number GAJB21941/2012
is set aside.
2
The findings of the Second Respondent are
substituted with a finding that the dismissal of the First Respondent
was substantively
fair but procedurally unfair.
3
The Applicant must pay the First Respondent
a total amount of R54 072.45 within fourteen days of this order.
4
There is no order as to costs.'
[6]
The Applicant applied for leave to appeal
against paragraphs three and four of the order.
[7]
The
Applicant and the First Respondent filed written submissions which
were considered in chambers.
[8]
Section
17
of the
Superior Courts Act, No 10 of 2013
regulates an application
for leave to appeal from a decision of a High Court. It reads as
follows:
'17. Leave
to appeal.
—
(1) Leave to appeal may only be
given where the judge or judges concerned are of the opinion that—
(
a
) (i) the appeal would
have a reasonable prospect of success; or
(ii) there is
some other compelling reason why the appeal should be heard,
including conflicting judgments on the matter under consideration;
(
b
) the decision sought
on appeal does not fall within the ambit of
section 16
(2) (
a
);
and
(
c
)
where the decision sought to be appealed does not dispose of all the
issues in the case, the appeal would lead to a just and prompt
resolution of the real issues between the parties'
.
[9]
This section also applies to applications
for leave to appeal in the Labour Court.
[1]
[10]
The
grounds for leave to appeal do not have a reasonable prospect of
success. There is no compelling reason an appeal should be
heard.
[11]
The following order is made:
1
The
application for leave to appeal is dismissed.
2
The
Applicant is ordered to pay the costs of the application for leave to
appeal.
Coetzee AJ
Acting judge of the Labour Court of South
Africa
APPEARANCES
:
For the applicant: No appearance - In chambers
Instructed by:
Patrick O'Donovan
For the First Respondent: No appearance - In chambers
Instructed by: Nkosi Ntlantla Inc
6958712v1
[1]
Section 151 of the Labour Relations Act, Act 66
of 1995