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[2018] ZALCJHB 162
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Malope v Willowton Logistics (J1994/14) [2018] ZALCJHB 162 (26 April 2018)
IN
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not
Reportable
Case
no: J 1994/14
In
the matter between:
MALOPE GEOFFREY MAILA
Applicant
and
WILLOWTON LOGISTICS
Respondent
Decided
in chambers
Date:
26 April 2018
JUDGMENT
IN APPLICATION FOR LEAVE TO APPEAL
MYBURGH,
AJ
[1]
The respondent seeks leave to appeal against my
ex tempore
judgment in this matter delivered on 10 August 2017.
[2]
In that judgment, I granted an order making the arbitration award in
this matter an order of court in terms of section 158(1)(c)
of the
LRA.
[3]
The essential basis for the grant of my order is captured in
paragraph 7 of the judgment. It reads in part:
“
On the papers before me, I am
not persuaded that the respondent complied with the award. Certainly
on the applicant’s version,
it may very well not have done so
by, in effect, denying him effective reinstatement and then
contriving to dismiss him.”
[4]
The respondent has filed detailed written submissions in support of
its application for leave to appeal. Having carefully considered
them, I do not believe that the respondent has demonstrated that it
has reasonable prospects of success on appeal. I am also not
persuaded that there exists any special circumstances as would
warrant an appeal, particularly having regard to the limited nature
of the order that I made.
[5]
In the circumstances, the application for leave to appeal is
dismissed, with no order as to costs.
________________________________
Myburgh,
AJ
Acting
Judge of the Labour Court of South Africa
Appearances
:
For
the applicant:
Mhangani Attorneys
For
the respondent:
McGregor Erasmus Attorneys