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[2017] ZALCJHB 421
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Department of Home Affairs v General Public Service Sectoral Bargaining Council and Others (JR375/14) [2017] ZALCJHB 421 (14 November 2017)
IN
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case
no: JR375/14
In
the matter between:
DEPARTMENT OF HOME AFFAIRS
Applicant
and
GENERAL PUBLIC SERVICE
SECTORAL BARGAINING COUNCIL
First Respondent
COMMISSIONER Z.S SIBEKO
N.O
Second Respondent
PSA obo T NXUMALO
Third Respondent
Decided
In Chambers
Delivered:
14
November 2017
RULING: LEAVE TO
APPEAL
TLHOTLHALEMAJE,
J
Introduction:
[1]
In
a judgment handed down on 14 August 2017, the applicant’s
application for a review of the third respondent’s
award was
dismissed. The applicant has since filed an application for leave to
appeal, which as at the writing of this ruling had
not been opposed.
[2]
In
deciding whether leave to appeal should be granted, this Court is
required to determine whether there are reasonable prospects
that
another court (in this case, the Labour Appeal Court) could come to a
different decision to that arrived at by the court a
quo
[1]
.
[3]
I
have carefully considered the application before me, the grounds upon
which the leave to appeal is sought and the submissions
made on
behalf of the applicant in support of this application. I have
further reflected on my judgment and paid particular attention
to the
issues raised, my conclusions in that regard, and the grounds relied
upon by the applicant in this application. Upon a consideration
of
all these factors, I am satisfied that the issues raised by the
applicant in this application and the grounds upon which leave
to
appeal is sought were adequately dealt with in my judgement, and no
purpose will be served by regurgitating same in my ruling.
To that
end, I am of the view that there exist no sound or rational basis for
a conclusion to be reached that there are reasonable
prospects that
the Labour Appeal Court would based on the grounds relied upon on
either the facts or the law, come to a different
conclusion to that
arrived at in my judgment.
Order:
[4]
Accordingly,
the following order is made:
The
application for leave to appeal is dismissed.
__________________
E. Tlhotlhalemaje
Judge
of the Labour Court of South Africa
[1]
Karbochem
Sasolburg (A Division of Sentrachem Ltd) v Kriel and Others (1999)
20 ILJ 2889 (LC)
at 2890B, where it was held that;
‘
I
have understood that the test in deciding whether to grant leave to
appeal is the traditional test. It requires a judge to ask
whether
there is a reasonable prospect that another court may come to a
different conclusion.'