About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Johannesburg Labour Court, Johannesburg
SAFLII
>>
Databases
>>
South Africa: Johannesburg Labour Court, Johannesburg
>>
2017
>>
[2017] ZALCJHB 160
|
|
Malapane v Glencore Operations South Africa (Pty) Ltd (JR603/15) [2017] ZALCJHB 160 (3 May 2017)
IN
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not
Reportable
Case
no:
JR603/15
In
the matter between:
LETHOKGO
ABRAM MALAPANE
Applicant
and
GLENCORE
OPERATIONS SOUTH AFRICA (PTY) LTD
Respondent
Heard
:
In Chambers
Delivered
:
03 May 2017
JUDGMENT
ON APPLICATION FOR LEAVE TO APPEAL
MALINDI
AJ
[1].
The Applicant, who is
the First Respondent in the review application, Lethokgo Abram
Malapane (Malapane), applies for leave to appeal
against the whole of
the judgment and order of this Court which was handed down on 5
January 2017.
[2].
The Applicant for
review, Glencore Operations South Africa (Pty) Ltd (Goedgevonden
Colliery) (the employer) opposes the application.
[3].
The main grounds of
appeal are that:
3.1.
the Court erred in
remitting the matter back to the CCMA for arbitration
de
novo
before a
different Commissioner without giving reasons why it could not
substitute its own decision;
3.2.
the Court reversed an
adverse credibility finding made by the Commissioner against the
employer’s only witness whereas credibility
findings may not be
disturbed as they are to be decided by the trier of the facts; and
3.3.
that the Court found
Malapane guilty of a charge that was not proffered against him.
[4].
I have considered the
written submissions by both parties and am of the view that there
exists a reasonable prospect of success
on appeal and therefore that
leave to appeal should be granted.
[5].
In the circumstances I
make the following order:
1.
Leave to appeal against
the whole judgment and order of the judgment which was handed down on
5 January 2017 under case number JR
603/2015 is granted.
2.
Costs shall be costs in
the appeal.
______________________
Malindi,
AJ
Acting
Judge of the Labour Court
Submissions:
For
Applicants: Mr SG Seepamore
of Moshoana Mabena Mogane Inc
Tel:
(011) 262-0406/9
Fax:
(011) 262-0404
For
Respondent: Mr Doctor Cithi of Mervyn Taback
Inc
Tel:
(011) 358-7700
Fax:
0867712628