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[2015] ZALCJHB 404
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Mintek v Commission for Conciliation, Mediation and Arbitration and Others (JR1127/13) [2015] ZALCJHB 404 (18 November 2015)
THE LABOUR COURT OF SOUTH AFRICA,
JOHANNESBURG
Case
No: JR1127/13
Not reportable
Not of interest to other judges
In the matter between:
MINTEK
Applicant
(Applicant in the application for leave to appeal)
and
COMMISSION FOR CONCILIATION,
MEDIATION AND ARBITRATION
First Respondent
BOYCE, TIMOTHY
N.O
Second Respondent
COKO , WALTER AND FIVE OTHERS
Third to Further Respondents
(Respondents in the application for leave to appeal)
Decided:
In Chambers
Judgment:
18 November 2015
Summary
:
Application for leave to appeal
dismissed with costs.
JUDGMENT
- APPLICATION FOR LEAVE TO APPEAL
AC
BASSON J.
[1]
This
is an application for leave to appeal against the whole of my
judgment handed down on 21 October 2015. The grounds on which
the
applicant seeks leave to appeal are set out in the Notice of
Application for leave to Appeal. In essence the applicant is
submitting firstly, that this Court erred in holding that the
Commissioner had not committed a reviewable irregularity in finding
that the individual respondents were not guilty of gross dishonesty
and that the dismissal was substantively fair. Secondly, this
Court
erred in holding that the Commissioner had not committed a reviewable
irregularity in finding that reinstatement was an appropriate
remedy.
Thirdly, this Court erred in making an adverse costs order against
the applicant.
[2]
Both
parties have filed comprehensive submissions addressing each of these
grounds. I have considered each of these grounds in arriving
at a
decision and I am not persuaded, having considered each of these
grounds and the submissions filed on behalf of both parties,
that
there are reasonable prospects an appeal in this matter will be
successful.
[3]
I
have in my judgement referred to the most recent authorities in
respect of the particular test for reviews of CCMA awards. I am
not
persuaded that the there is a reasonable prospect that another court
would grant the review application. I am also not
persuaded
that another court would have dismissed the review application
without costs against the applicant as it is a normal
and just
outcome that costs should follow when an employer loses against his
employee in this court.
Order
[4]
In the event the following order is made:
4.1
The application for leave to appeal is dismissed with costs.
__________________
AC
BASSON
Judge
of the Labour Court of South Africa