About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Johannesburg Labour Court, Johannesburg
SAFLII
>>
Databases
>>
South Africa: Johannesburg Labour Court, Johannesburg
>>
2018
>>
[2018] ZALCJHB 343
|
|
Mofokeng v Matake and Others (JS688/16) [2018] ZALCJHB 343 (12 October 2018)
IN
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not
Reportable
Case
no:
JR 688/16
In
the matter between:
MAMAKI
MARIA
MOFOKENG
Applicants
and
COMMISSIONER
PEHELO
MATAKE First
Respondent
COMMISSION
FOR CONCILIATION MEDIATION
AND
ARBITRATION Second
Respondent
SOUTH
AFRICAN NATIONAL PARKS
(GOLDEN
GATE) Third
Respondent
Decided:
In chambers
Date
delivered: 12 October 2018
JUDGMENT – LEAVE TO APPEAL
BODA
AJ
[1]
This is an application for leave to appeal
to the Labour Appeal Court against the whole of my judgment and order
dismissing the
condonation application.
[2]
The
traditional test for leave to appeal was refined in
Martin
& East (Pty) Ltd v National Union of Mineworkers & Others
[1]
.
The Court held that there are two sets of interest to be considered –
first, the interest of the appellant, which is entitled
to have his
rights vindicated if there is a reasonable prospect that another
court might come to a different conclusion and the
interests of the
respondent which may have to wait years for an appeal to be
prosecuted. Second, where the matter is resolved on
own facts, no
novel point of law, no misinterpretation of existing law, the matter
must end at Labour Court.
[3]
The threshold for an application for leave
to appeal in this matter has simply not been met. I am satisfied in
any event that there
are no reasonable prospects of success.
[4]
In addition to the reasons contained in my
judgment, I wish to emphasize that the equipment used to falsify the
deposit slips were
found in the applicant’s office. The stamped
deposit slips bearing her signature were also retrieved from her
office. The
arbitrator was correct in upholding the dismissal. The
award was simply not reviewable.
[5]
In the premises, I make the following order:
Order
1.
The application for leave to appeal is
dismissed;
2.
There is no order as to costs.
________________
Boda
AJ
Acting
Judge of the Labour Court of South Africa
[1]
[2014] 35
ILJ
2399 (LAC).