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[2018] ZALCJHB 443
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Exxaro Coal (Pty) Ltd Grootgeluk Coal Mine v Mushi (JR2311/15) [2018] ZALCJHB 443 (8 June 2018)
the
labour court of South Africa, johannesburg judgment
CASE
NO
: JR2311/15
Not
reportable
In
the matter between
EXXARO
COAL (PTY) LTD
GROOTGELUK
COAL MINE
Applicant
And
HOSEA
MUSHI
Respondent
DELIVERED
:
08 JUNE 2018
RULING
ON LEAVE TO APPEAL APPLICATION
STEENKAMP
J
:
[1]
This is an application for leave to appeal launched by the respondent
against my ex tempore
judgment handed down on the 15
th
March 2018, reviewing and setting aside the award, and declaring the
respondent’s dismissal as fair.
[2]
Having regard to the merits of the appeal and the decision of the LAC
in Glencore Holdings
(Pty) Ltd & another v Sibeko & others
(2018) 39 ILJ 138 (LAC ), there is a reasonable prospect that
another court
might come to a different conclusion and accordingly,
leave to appeal should be granted.
Order
[1]
Leave to appeal is granted.
[2]
Costs to be costs in the appeal.
___________________________
STEENKAMP
J
JUDGE
OF THE LABOUR COURT