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[2019] ZALCJHB 179
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Kimberley Ekapa Mining Joint Venture v National Union of Mineworkers (J3723-18) [2019] ZALCJHB 179 (1 August 2019)
IN
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not
Reportable
Case
No: J3723-18
In
the matter between:
KIMBERLEY
EKAPA MINING JOINT VENTURE
Applicant
And
NATIONAL
UNION OF MINEWORKERS
Respondent
Considered:
In Chambers
Delivered:
01 August 2019
JUDGMENT: APPLICATION
FOR LEAVE TO APPEAL
PHEHANE,
AJ
[1]
The applicant seeks leave to appeal the judgement and order of this
Court delivered
on 15 May 2019. The applicant raised a number of
grounds for leave to appea.l
[2]
I have once more, considered my judgment and the written submissions
of both parties
filed in this application. I have taken into account
all the grounds of appeal that have been raised by the applicant, in
particular,
that the Court erred in:
2.1
making a finding on the selection criteria;
2.2
finding that there was no
bona fide
dispute of fact on the
papers regarding the consultation on the selection criteria and the
withdrawal of the respondent from the
consultation process;
2.3
finding that the dismissal of the employees was
procedurally unfair; and
2.4
granting reinstatement of the dismissed
employees.
[3]
I am persuaded that
there
exists a likelihood that another Court, presented with the same
facts, would come to a different conclusion
.
[4]
In the premises the following order is made:
Order:
1. The application for
leave to appeal is granted;
2. Costs will be costs in
the appeal.
_______________________
MTM Phehane
Acting Judge of the
Labour Court of South Africa