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[2019] ZALCJHB 302
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Lekhela v Murray & Roberts Cementation (Pty) Ltd (JR13/16) [2019] ZALCJHB 302 (5 November 2019)
THE
LABOUR COURT OF SOUTH AFRICA,
JOHANNESBURG
Not
Reportable
Case
No: JR13/16
In
the matter between:
MARY
LEKHELA
Applicant
and
MURRAY
& ROBERTS CEMENTATION (PTY) LTD
Respondent
Considered:
In Chambers
Delivered:
05 November 2019
JUDGEMENT:
LEAVE TO APPEAL
MABASO,
AJ
[1]
This is an opposed application for leave to
appeal by the applicant against the whole judgment of this Court,
delivered on 30 August
2019, which dismissed her review application
with no order as to costs.
[2]
The
test to grant a leave to appeal application is found in section 17 of
the Superior Court Act
[1]
, which
reads thus:
“
Leave to appeal
(1)
Leave to appeal may only be given where the judge or judges concerned
are of the opinion that –
(a)
(i) the appeal would have a reasonable
prospect of success; or
(ii)
there is some other compelling reason why the appeal should be heard,
including conflicting
judgments on the matter under consideration;
(b)
the decision sought on appeal does not fall within the ambit of
section 16 (2) (a);
and
(c)
where the decision sought to be appealed does not dispose of all the
issues in the
case, the appeal would lead to a just and prompt
resolution of the real issues between the parties”
[3]
I have considered all the grounds for leave to appeal, however, not
persuaded that there is a reasonable
prospect that the findings of
this Court might receive a different treatment by the Labour Appeal
Court.
[4]
In the circumstances, I make the following order:
Order
1. The
application for leave to appeal is dismissed.
2.
There is no order as to costs.
__________________
S. Mabaso
Acting
Judge of the Labour Court of South Africa
[1]
No. 10 of 2013.