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[2016] ZALCJHB 25
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Tractor and Engineering CC v Ngwenya NO and Others (J6051/00) [2016] ZALCJHB 25 (29 January 2016)
THE
LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not
Reportable
Case
No J6051/00
In the
matter between:
TRACTOR
AND ENGINEERING
CC
Applicant
and
NGWENYA,
DJ
N.O
First Respondent
COMMISSIONER
FOR CONCILIATION,
MEDIATION AND
ARBITRATION
Second Respondent
HADEBE
& 13
OTHERS
Third to Further Respondents
Date:
29 January 2016
Decided
in chambers
JUDGMENT
MOTHIBI,
AJ
Introduction:
[1]
This is an application for leave to appeal
against a judgment that was delivered on 15 January 2015. In
that judgment I dismissed
the Applicant’s review application
save for a variation order on the issue of compensation payable to
the Third to Further
Respondents. There was no order as to
costs.
Analysis:
[2]
I have considered the Applicant’s
submissions as well as the Third to Further Respondents submissions
opposing the application
for leave to appeal.
[3]
I am satisfied that another Court may come
to a different conclusion having regard to the issue of the missing
record and the test
that was applied in considering the Applicant’s
review application.
Order:
I.
Leave to appeal to the
Labour Appeal Court is granted against the judgment delivered on 15
January 2015 under case numbers J605/2000
and J1796/2003.
II.
The costs for the
application for leave to appeal are reserved and are to be determined
by the Labour Appeal Court.
__________________
Mothibi,
AJ
Acting
Judge of the Labour Court of South Africa