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[2015] ZALCJHB 358
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National Union of Mineworkers and Others v MCC Group of Companies (JS681/2010) [2015] ZALCJHB 358 (16 October 2015)
THE
LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
JUDGMENT
Not Reportable
Case no: JS 681/2010
NATIONAL UNION OF
MINEWORKERS
First Applicant
B. GLADILE & 7
OTHERS
Second to Further
Applicants
and
MCC GROUP OF
COMPANIES
Decided in Chambers
Respondent
Delivered:
16 October 2015
RULING
– APPLICATION FOR LEAVE TO APPEAL
TLHOTLHALEMAJE,
AJ
Introduction and
background:
[1]
This
matter as agreed upon between the parties was determined by way of a
stated case. Judgment was handed down on 27 February 2015
in terms of
which the Applicants’ claim of an alleged unfair dismissal was
dismissed. The Applicants have since lodged an
application for leave
to appeal against the whole of that judgment. The application is
unopposed.
[2]
The
Applicants advanced a variety of grounds upon which it was contended
that leave to appeal should be granted. These grounds are
mainly
predicated on the view that the Court erred in making certain factual
findings pertaining to whether there was an unfair
dismissal as
contemplated in section 186 (1) (d) of the LRA.
[3]
I
have reflected on my judgment and considered all the grounds relied
upon in seeking leave to appeal. Having considered these and
other
factors as dealt with in the judgment, I am not persuaded that cogent
grounds have been advanced to establish any basis upon
which it can
be said that there are reasonable prospects that another court may
come to a different conclusion. In the result,
the following order is
made;
Order:
a)
The
application for leave to appeal against the judgement handed down on
27 February 2015 is dismissed.
__________________
Tlhotlhalemaje, AJ
Acting
Judge of the Labour Court of South Africa