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[2019] ZALCJHB 333
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Mangaung Metropolitan Municipality v IMATU obo Dolphin and Others (120/2017) [2019] ZALCJHB 333 (1 October 2019)
IN
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
case
no:
120/2017
In the matter between:
MANGAUNG
METROPOLITAN MUNICIPALITY
Applicant
and
IMATU
OBO CAVIN DOLPHIN
First
Respondent
SELLO
MOPHAKINO
Second
Respondent
SOUTH
AFRICAN LOCAL GOVERNMENT
Third
Respondent
BARGAINING COUNCIL
Decided:
In Chambers
Delivered
:
October 2019
JUDGMENT- APPLICATION
FOR LEAVE TO APPEAL
NTSHEBE, AJ
[1]
In this application, the applicant seeks leave to appeal an
order in respect of a judgment handed down by this Court on 22 May
2019.
[2]
In the judgment, the condonation application in respect of the
rescission application
was dismissed with no order as to costs.
[3]
I have perused the grounds for leave to appeal as submitted by the
applicant. I do
not intend to deal with each of the grounds of appeal
separately.
[4]
The test for granting leave to appeal requires the court to be
satisfied that there
is more than simply a possibility that another
court may decide the matter differently
[1]
.
In order to succeed with its application for leave to appeal, an
applicant must convince the court that there is a reasonable
prospect
that another court would come to a different conclusion to that of
the court
a
quo.
[5]
In my view after careful consideration of the applicant's stated
grounds for leave
to appeal and the test regarding the application
for leave to appeal, there is nothing that persuades me that any
appeal would
have a reasonable prospect of success.
[6]
There are no other compelling reasons why leave to appeal should be
granted.
[7]
Therefore, I make the following order:
Order:
1.
The application for leave to appeal is dismissed.
_________________________
T. Ntshebe
Acting
Judge of the Labour Court of South Africa
[1]
See:
Gxolo
v Harmony Gold Mine (Pty) Ltd and Another
[2018] 8 BLLR 794
(LC).