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[2017] ZALCJHB 255
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Coreslab v Commission for Conciliation Mediation and Arbitration and Others (JR759/2012) [2017] ZALCJHB 255 (30 June 2017)
IN
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not
Reportable
Case
No:
JR
759/2012
In
the matter between:
CORESLAB
Applicant
and
COMMISSION
FOR CONCILIATION MEDIATION
AND
ARBITRATION
First
Respondent
MAHLAWULE
N.O
Second
Respondent
NUM
OBO MPHAHLELE
DAVID
Third
Respondent
Heard
:
22 June 2017 (In Chambers)
Delivered
:
30 June 2017
Summary:
Application for leave to appeal. The test remains that of
reasonable prospects that another court may arrive at a different
conclusion.
Held: (1) The application for leave to appeal is
dismissed with no order as to costs.
JUDGMENT-LEAVE
TO APPEAL
MOSHOANA,
AJ
Introduction
[1]
This is an application for leave to appeal against the order of this
court handed down on 02 March 2017. The application remains
unopposed.
Background
facts
[2]
Mr Mphahlele was given an instruction to dig a
trench around 16 August 2011. He refused to carry out the
instruction. He was charged
and subsequently dismissed. Aggrieved by
his dismissal, he approached the first respondent for relief. The
second respondent found
that the sanction was too harsh and set the
dismissal aside. Both parties sought a review of the award. This
court upheld the main
review and dismissed the counter-review.
Evaluation
[3]
The
test whether leave to appeal should be granted remains as spelt out
in section 17(1) of the Superior Courts Act
[1]
.
If an applicant fails to meet the test, like the applicant before me,
leave should be refused. I have carefully considered the
applicant’s
grounds for leave to appeal and I am firmly of the view that there
are no reasonable prospects of success.
[4]
Accordingly, I conclude that the application
should fail.
Order
[5]
In the results, I make the following order:
1.
The application
for leave to appeal is hereby dismissed.
2.
There is no
order as to costs
_______________________
GN Moshoana
Acting
Judge of the Labour Court of South Africa
Appearances
For
the Applicant: Mr E S Makinta of E S Makinta Attorneys, Fourways.
For
the Third Respondent: No appearance.
[1]
Act 10 of 2013. See Seathlolo and Another v CEPPWAWU and others
[2016] 37 ILJ 1485 (LC)