THE LABOUR COURT OF SOUTH AFRICA , JOHANNESBURG
Not Reportable
Case No: J R362/23
In the matter between:
MOPANI CIVILS (PTY) LTD Applicant
and
LE ROUX, YOLANDA N.O. First Respondent
THE BARGAINING COUNCIL FOR THE CIVIL ENGINEERING INDUSTRY (BCCEI) Second Respondent
TSHEPO MAKITI MOKGATHI Third Respondent
Heard: In Chambers
Delivered: 12 March 2025
JUDGMENT :
APPLICATION FOR LEAVE TO APPEAL
2
MAKHURA , J
[1] This is an application for leave to appeal the whole of the judgment and order
handed down on 11 December 2024 in terms of which this Court dismissed the
applicant’s review application. The leave to appeal application, as with the main
application, is unopposed.
[2] The question in these proceedings is whether the appeal would have a
reasonable prospect of success or whether there are other compelling reasons that
warrant the appeal being heard.
1
[3] The applicant’s primary case is that the Court erred in not considering,
scrutinising and evaluating the evidence tendered at the arbitration proceedings. There
is no merit in this application.
[4] The commissioner had considered, analysed and applied his mind to the
applicant’s application for postponement, which was brought orally without any
evidence. Having refused the postponement application, the applicant elected not to
participate in the arbitration proceedings. The employee proceeded to give evidence,
which was uncontested. The commissioner considered and analys ed the employee’s
contested evidence before declaring the dismissal unfair and awarding compensation.
This Court was sitting on review, not appeal and therefore had to apply the well established test of reasonableness. The applicant’s attempt to upset the award was
feeble and completely meritless.
1 Superior Court Act 10 of 2013. Section 17(1) provides that: “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…”
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[5] The appeal would have no reasonable prospect of success and it would not
present any arguable point of law . There are no other compelling reasons to burden the
Labour Appeal Court with a doomed application such as the present . The application for
leave to appeal stands to be dismissed.
[6] In the premises, the following order is made:
Order
1. The application for leave to appeal is dismissed.
M. Makhura
Judge of the Labour Court of South Africa