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[2017] ZALCJHB 275
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Mbawuli v Commission for Conciliation, Meditation and Arbitration and Others (JR2524/13) [2017] ZALCJHB 275 (1 August 2017)
IN
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not
reportable
Case
no: JR 2524/13
In
the matter between:
MZUKISI
MBAWULI
Applicant
and
COMMISSION
FOR CONCILIATION,
MEDIATION
AND
ARBITRATION
First Respondent
THEMBEKILE
NSIBANYONI N.O.
Second Respondent
PICK
‘N PAY RETAILERS (PTY)
LTD
Third Respondent
Considered
in chambers
Delivered:
1 August 2017
JUDGMENT:
LEAVE TO APPEAL
RABKIN-NAICKER
J
[1]
Pursuant to a review application that came before
me on 15 February 2017, judgment in this matter was
delivered on 8 June
2017, and an order was issued in the
following terms:
“…
1.
The Award under GAJB 5282-13 is reviewed and set aside and
substituted as follows:
1.1.
The dismissal of Mzukisi Mbawuli was substantively unfair;
1.2.
Pick ‘n Pay Retailers (Pty) Ltd is ordered to retrospectively
reinstate Mzukisi
Mbawuli into his position as of the date of his
dismissal.
2.
The third respondent is to pay the costs of
this application”
[2]
The third respondent on 30 June 2014
filed an application for leave to appeal against that judgment and
order. The applicant
opposes the application.
[3]
For an
application for leave to appeal to succeed, the party seeking leave
to appeal must demonstrate that there is a reasonable
prospect that
the Court above would come to a different conclusion than that
reached by this Court.
[1]
[4]
Having carefully considered the grounds in which
the application is sought and the submissions made by both parties in
respect of
the application for leave to appeal and having reflected
my judgment in the above matter, I am of the view that there are no
reasonable
prospects of success on appeal.
Order
[19]
In the premises, I make the following order:
1.
The application for leave to appeal is dismissed;
2.
There is no order as to costs.
__________________
H.
Rabkin-Naicker
Judge
of the Labour Court of South Africa
APPEARANCES
Written
submissions for the Applicant:
In Person
Written
submissions For the Third Respondent:
R.M Carr of Bowman Gilffillan
Inc.
[1]
Seathlolo & Others v
Chemical Energy Paper Printing Wood & Allied Workers Union &
others
(2016) 37 ILJ 1485
(LC) at para 2