THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case No: JR 845/2021
In the matter between:
NONHLANHLA OCTAVIA SITHOLE Applicant
and
COMMISS ION FOR CONCILIATION MEDIATION
AND ARBITARTION First Respondent
COMMISSIONER NADIA SITHOLE Second Respondent
ENVIROSERV WASTE MANAGEMENT(PTY)LTD Third Respondent
Considered: In chambers
Delivered: 08 May 2025
This judgment was handed down electronically by circulation to the parties’ legal representatives by email. The date of hand- down is deemed to be 8 May
2025 .
JUDGMENT – APPLICATION FOR LEAVE TO APPEAL
2
BALOYI, AJ
[1] This is an opposed application for leave to appeal against the whole of the
judgment and order of this Court handed down on 18 November 2024. In terms of that judgment, this Court dismissed the applicant’s application to review and set
aside the award made by the first respondent with no order as to costs.
[2] This Court found that the dismissal of the applicant was substantively fair in
circumstances where the applicant was absent from work for a period of four days without permission from the employer. Furthermore, the applicant failed to inform her
immediate supervisor of her whereabouts.
[3] In this application for leave to appeal, the applicant insists that the reason for
her dismissal was as result of the grievance that she laid against her supervisor. As set our in the judgment, the applicant was charged for being absent from work without permission and was dismissed for this misconduct. As stated in the
judgment, the grievance has no bearing on the dismissal of the Applicant.
[4] In determining this application, the Court considered the test for applications
for leave to appeal, which is well established as set out under section 17(1) of the
Superior Court Act.
1 Section 17(1) provides that:
‘Leave to appeal may only be given where the judge or judges concerned are of the opinion that -
(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…’
[5] Having considered the application for leave to appeal, the test applicable to
the application and having reflected on the main judgment, I am not persuaded that
the appeal would have a reasonable prospect of success nor am I persuaded that there is any other reason that would compel the matter being sent to the Labour
1 Act 10 of 2013.
3
Appeal Court. Accordingly, the application for leaver to appeal stand to be
dismissed.
[6] In the premises, the following order is made:
Order
1. The application for leave to appeal is dismissed.
2. There is no order as to costs.
F.I Baloyi
Acting Judge of the Labour Court of South Africa