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[2017] ZALCJHB 94
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Life Hotel Airport JHB (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR3041/12) [2017] ZALCJHB 94 (16 March 2017)
THE
LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
JUDGMENT
Not
Reportable
Case
no: JR
3041/12
In
the matter between:
LIFE
HOTEL AIRPORT JHB (PTY)
LTD
Applicant
and
COMMISSION
FOR CONCILIATION,
MEDIATION
AND
ARBITRATION
First Respondent
COMMISSIONER
QUENNDY GUNGUBELE
N.O.
Second Respondent
ELIZABETH
MOILOA
Third Respondent
Heard
:
27 July 2016
Delivered
:
16 March 2017 (in chambers)
JUDGMENT
ON APPLICATION FOR LEAVE TO APPEAL
CELE
J
Introduction
[1] On 25 November 2015
parties in this matter made their presentation in the review
application pertaining to an arbitration award
dated 27 October 2012,
condonation for the late filing of the answering affidavit to oppose
the review application was sought.
[2] In and ex-tempore
judgment I refused to grant both applications that is, the review and
the condonation applications. The award
had to stand.
[3] On 9 December 2015,
an application for leave to appeal was filed against an order
refusing to review the award. On 7 July 2016
the respondent in the
review application withdrew its application for leave to appeal. On
23 February 2017, the respondent filed
a notice of motion to review
the application for leave to appeal.
[4] Constructive
dismissal at issue in this matter took place on 15 September 2012. In
my view the attack on the award came to an
end when the application
for leave to appeal was withdrawn, whatever the motive was behind it.
In any event I am not of the view
that it has been demonstrated that
there are reasonable prospects of another Court arriving at a
conclusion materially different
to the one reached by this Court.
[5] Accordingly;
(a)
Application for leave to appeal is dismissed.
(b)
The applicant (respondent in the review application) is to pay costs.
____________
Cele, J
Judge
of the Labour Court of South Africa