MTSA (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (JR1376/06) [2008] ZALCJHB 11 (5 December 2008)

MTSA (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (JR1376/06) [2008] ZALCJHB 11 (5 December 2008)

The court considered the grounds for leave to appeal and the submissions made by both parties. Applying the test under section 166(1) of the Labour Relations Act, the judge found that there is a reasonable prospect that another court may reach a different conclusion regarding the review and setting aside of the arbitration award. Accordingly, leave to appeal to the Labour Appeal Court is granted.

Citation
[2008] ZALCJHB 11
Parties
Applicant: MTSA (Pty) Ltd; Respondent: Commission for Conciliation Mediation And Arbitration; Respondent: Advocate R. Bracks N.O.; Respondent: Harvey S. Radebe
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 December 2008
Case Number
JR1376/06
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Leave to appeal to the Labour Appeal Court against the whole of the judgment is granted.
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

Case Brief

Summary, issues, holding and outcome

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Parties

MTSA (Pty) Ltd

Applicant

Commission for Conciliation Mediation And Arbitration

Respondent

Advocate R. Bracks N.O.

Respondent

Harvey S. Radebe

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 submissions made by both parties. Applying the test under section 166(1) of the Labour Relations Act, the judge found that there is a reasonable prospect that another court may reach a different conclusion regarding the review and setting aside of the arbitration award. Accordingly, leave to appeal to the Labour Appeal Court is granted.

Court Disposition

Leave to appeal to the Labour Appeal Court against the whole of the judgment is granted.

Orders

  • Leave to appeal to the Labour Appeal Court against the whole of the judgment is granted.
  • The costs to be costs in the appeal.