Falcon Forest (Pty) Ltd t/a Royal Ascot Superspar (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (C 374/06) [2009] ZALC 261 (4 November 2009)
The court considered the grounds for leave to appeal and the written submissions of both parties. Applying the test under section 166(1) of the Labour Relations Act, the judge was not persuaded that another court may come to a different conclusion than the one reached in the original judgment. Accordingly, leave to...
Source-derived case information.
- Citation
- [2009] ZALC 261
- Parties
- Applicant: Falcon Forest (Pty) Ltd t/a Royal Ascot Superspar (Pty) Ltd; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Soewya Flowers N.O.; Respondent: COSAWU obo Vusi Khumalo
- Court
- Labour Court
- Jurisdiction
- South Africa
- Case Number
- C 374/06
- 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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Falcon Forest (Pty) Ltd t/a Royal Ascot Superspar (Pty) Ltd
Applicant
Commission for Conciliation Mediation and Arbitration
Respondent
Soewya Flowers N.O.
Respondent
COSAWU obo Vusi Khumalo
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Legal Issues
- 1 Whether leave to appeal should be granted against the judgment dismissing the review application of the arbitration award.
- 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. Applying the test under section 166(1) of the Labour Relations Act, the judge was not persuaded that another court may come to a different conclusion than the one reached in the original judgment. Accordingly, leave to appeal was refused.
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.
Full Case Text
Judgment text and source record
27 paragraphs
1
IN THE LABOUR COURT OF SOUTH AFRICA
HELD IN CAPE TOWN
NOT REPORTABLE
CASE NO: C374/06
In the matter between:
FALCON FOREST (PTY) LTD
t/a ROYAL ASCOT SUPERSPAR (PTY) LTD ................................APPLICANT
and
COMMISSION FOR CONCILIATION
MEDIATION AND ARBITRATION ......................................1ST RESPONDENT
SOEWYA FLOWERS N.O. ....................................................2ND RESPONDENT
COSAWU obo VUSI KHUMALO ..........................................3RD RESPONDENT
JUDGMENT
Molahlehi J
This is an application for leave to appeal against my judgment handed down on 11th July 2009 in which I dismissed the application to review and set aside the arbitration award issued by the second respondent under case number WE15954-05 dated 9th May 2006 with costs. This matter was considered on the papers submitted by the parties.
The applicant in this application for leave to appeal has raised several grounds for leave to appeal. I do not deem it necessary to repeat those grounds in this judgment.
In terms of s166(1) of the Labour Relations Act 66 of 1995 (the Act) a party wishing to appeal to the Labour Appeal Court against a judgment of the Labour Court has to obtain leave to do so from the Labour Court. The test to apply when considering whether or
not to grant leave to appeal is whether there is a reasonable prospect that another Court may come to a different conclusion to that of the Labour Court.
I have carefully considered the grounds for leave to appeal as set out in the application for leave to appeal to the Labour Appeal Court. I have also considered my judgment including the written submissions made by both parties. I am not persuaded that another Court may come to a different conclusion to the one reached by me in my judgment.
In the circumstances the following order is made:
The application for leave to appeal to the Labour Appeal Court against the whole judgment is dismissed.
There is no order as to costs.
_______________
Date of Judgment: 4th November 2009
Appearances
(Leave to appeal decided on papers)