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[2018] ZALCD 1
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Pillay and Others v Mobile Telephone Networks (Proprietary) Limited (D377/13) [2018] ZALCD 1 (7 February 2018)
IN
THE LABOUR COURT OF SOUTH AFRICA, DURBAN
JUDGMENT
Reportable
Case
no: D377/13
In
the matter between:
SOMAHKHANTI
PILLAY & 37 OTHERS
Applicants
and
MOBILE
TELEPHONE NETWORKS
(PROPRIETARY)
LIMITED
Respondent
In
Chambers: 7 February 2018
JUDGMENT:
APPLICATION FOR LEAVE TO APPEAL
GUSH J
1.
The respondent in this
matter applies for leave to appeal against the judgment handed down
on 4 May 2017.
2.
The notice of
application for leave to appeal was filed on 19 May 2017 and the
written submissions on 26 May 2017.
3.
The applicant opposes
the application for leave to appeal and filed its notice of
opposition on 24 May 2017 and its written submissions
in opposition
to the application for leave to appeal on 6 June 2017.
4.
For reasons unknown the
file with the application for leave to appeal was only placed before
me today 7 February 2018.
5.
I have considered the written submissions filed by both parties and I
am satisfied that the issue justifies consideration by
another court
and that there is a reasonable prospect that another court might come
to a different decision.
6.
In its submission in
support of the application for leave to appeal the respondent
“requests the opportunity to make oral
submissions” in
support of its application. I am not satisfied that it is necessary
for oral submissions be made in this
matter particularly given the
delay in the application being placed before me.
D
H Gush
Judge of the Labour Court
of
South
Africa