NEHAWU obo Lekhuleni v Mpumalanga Department of Finance and Others (J1905/11) [2014] ZALCJHB 107 (13 March 2014)
The court held that, after considering the grounds for leave to appeal and the applicable test, the applicant failed to demonstrate a reasonable possibility that another court would reach a different decision regarding the review of the arbitration award. The court was not persuaded that the matter's importance or...
Source-derived case information.
- Citation
- [2014] ZALCJHB 107
- Parties
- Applicant: NEHAWU obo PM Lekhuleni; Respondent: Mpumalanga Department of Finance; Respondent: General Public Service Sectoral Bargaining Council; Respondent: Adv SZ Sibeko
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- J1905/11
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
- Outcome
- Leave to appeal to the Labour Appeal Court is refused.
- Judges
- E Molahlehi
- Legal Topics
- Leave to Appeal, Review of Arbitration Award, Reasonable Possibility of Success
Source-derived case record
Summary, issues, holding and outcome
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Parties
NEHAWU obo PM Lekhuleni
Applicant
Mpumalanga Department of Finance
Respondent
General Public Service Sectoral Bargaining Council
Respondent
Adv SZ Sibeko
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Legal Issues
- 1 Whether there is a reasonable possibility that another court may reach a different decision regarding the review of the arbitration award.
- 2 Whether the importance of the matter warrants the granting of leave to appeal.
Ratio Decidendi
The court held that, after considering the grounds for leave to appeal and the applicable test, the applicant failed to demonstrate a reasonable possibility that another court would reach a different decision regarding the review of the arbitration award. The court was not persuaded that the matter's importance or any other basis warranted the granting of leave to appeal. Accordingly, leave to appeal was refused.
Court Disposition
Leave to appeal to the Labour Appeal Court is refused.
Orders
- Leave to appeal to the Labour Appeal Court is refused.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF SOUTH AFRICA
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
JUDGMENT
NOT REPORTABLE
CASE NO: J1905/11
In the matter between:
NEHAWU OBO PM LEKHULENI Applicant
And
MPUMALANGA DEPARTMENT OF FINANCE First
Respondent
GENERAL PUBLIC SERVICE
SECTORAL BARGAINING COUNCIL Second
Respondent
Adv SZ SIBEKO Third
Respondent
Delivered on 13 March 2014
JUDGMENT: LEAVE TO APPEAL
MOLAHLEHI J
[1] This is an application for leave to appeal against the judgment of this Court made on 20 November 2013, in terms of which the applicant’s
application to review the arbitration award made under case number DPEC990/2009 was dismissed.
[2] The applicant has in this application raised several grounds of leave to appeal to the Labour Appeal Court. I do not deem it necessary to repeat the grounds of leave to appeal as set out in the applicant application in this judgment. I have taken those grounds of leave to appeal into account in arriving at the conclusion at the end of this judgment.
[3] In considering whether leave to appeal should be granted or refused the test to apply is whether there is a reasonable possibility that another court is likely to arrive at a different decision to that of the court a quo. The importance of the matter is also a factor to take into account in the consideration of whether leave to appeal should be granted or refused.
[4] In the present matter taking the above into consideration I am not persuaded that the applicant has made out a case that another court may reasonably arrive at a decision different to the one reached by this court. I am also not persuaded that there is any other basis that warrants the granting of leave to appeal.
[5] In the premises, the leave to appeal to the Labour Appeal Court is refused.
E Molahlehi
Judge of the Labour Court of South Africa
Appearances:
Matter considered in Chambers