Coca-Cola Fortune (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1419/05) [2009] ZALCJHB 6 (30 October 2009)

Coca-Cola Fortune (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1419/05) [2009] ZALCJHB 6 (30 October 2009)

The court considered the grounds for leave to appeal and the written submissions of both parties. After careful consideration, the judge was not persuaded that another court may come to a different conclusion than the one reached in the original judgment dismissing the review application. Accordingly, the...

Source-derived case information.

Citation
[2009] ZALCJHB 6
Parties
Applicant: Coca-Cola Fortune (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: R Byrne N.O.; Respondent: FAWU obo Lucky Sibiya
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
30 October 2009
Case Number
JR1419/05
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed.
Judges
Molahlehi
Legal Topics
Leave to Appeal, Review of Arbitration Award, Reasonable Prospect of Success
Labour Law Leave to Appeal Review of Arbitration Award Reasonable Prospect of Success

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Summary, issues, holding and outcome

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Parties

Coca-Cola Fortune (Pty) Ltd

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

R Byrne N.O.

Respondent

FAWU obo Lucky Sibiya

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment dismissing the review application of the arbitration award.
  2. 2 Whether there is a reasonable prospect that another court may reach a different conclusion.

Ratio Decidendi

The court considered the grounds for leave to appeal and the written submissions of both parties. After careful consideration, the judge was not persuaded that another court may come to a different conclusion than the one reached in the original judgment dismissing the review application. Accordingly, the application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal to the Labour Appeal Court against the whole judgment is dismissed.
  • There is no order as to costs.