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[2019] ZALCJHB 181
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Ananias v Cashbuild (Pty) Ltd and Others (JR1348/17) [2019] ZALCJHB 181 (1 August 2019)
IN
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not
Reportable
case
no:
JR
1348/17
In
the matter between:
CHOKOE
SENAGA
ANANIAS Applicant
And
CASHBUILD
(PTY)
LTD
First
Respondent
MAFUJANE
TS
N.O.
Second Respondent
COMMISSIONER
FOR CONCILIATION, MEDIATION
AND
ARBITRATION Third
Respondent
Decided
:
In
Chambers
Delivered
:
01 August 2019
JUDGMENT- APPLICATION
FOR LEAVE TO APPEAL
PHEHANE
,
AJ
Introduction
[1]
The applicant is seeking leave to appeal
against the order of this Court, handed down on 13 March 2019 in
terms of which this Court
set aside the arbitration award of the
second respondent and substituted it with an order that the dismissal
of the applicant is
substantively fair and that the applicant should
pay the costs. This application is opposed by the first respondent.
The first
respondent has filed its written submissions.
[2]
The application is launched out of time. No
application for condonation for the late filing of this application
has been filed by
the applicant. On this basis alone, the application
should be dismissed.
[3]
However, for reasons of expedience, I have
considered the application.
Evaluation
[4]
I have once more considered the order, the
written reasons therefore as well as the written submissions filed by
the first respondent.
[5]
The
applicant has one ground of appeal
[1]
,
which is that this Court erred in finding that the first respondent
failed to apply his mind in making his arbitration award.
The
remaining paragraphs 5 to 15 in the application for leave to appeal
under the heading “Grounds of Appeal” are extracts
from
the Court’s reasons for the order. Thus, the said paragraphs do
not constitute grounds of appeal.
[6]
I am not persuaded that the applicant has
made out a case for the granting of leave to appeal.
[7]
It is a trite principle in our law that in
order to be entitled to leave to appeal, an applicant must convince
the court that it
has reasonable prospects of success on appeal.
Further, there has to exist, a likelihood that another court,
presented with the
same facts, would come to a different conclusion.
[8]
I am of the opinion that there is no
reasonable prospect of success in this matter for all the reasons set
out in the judgment,
which I once more confirm. Therefore, there is
no reasonable prospect that another court would come to a different
conclusion.
[9]
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.
______________________
MTM
Phehane
Acting
Judge of the Labour Court of South Africa
[1]
Paragraph
4 of the application for leave to appeal.