SATAWU obo Mtlatso v Commission for Conciliation Mediation And Arbitration and Others (JR381/12) [2014] ZALCJHB 111 (13 March 2014)
The court found that the applicant did not demonstrate a reasonable possibility that another court would reach a different decision regarding the review and substitution of the arbitration award. The grounds for leave to appeal, though considered, did not persuade the court that the matter warranted further...
Source-derived case information.
- Citation
- [2014] ZALCJHB 111
- Parties
- Applicant: SATAWU obo Ramalepe Mtlatso; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Norman Mbelengwa N.O; Respondent: Isikhonyane Cleaning Services (Pty) Ltd
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JR381/12
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Review Judgment
- Outcome
- Leave to appeal to the Labour Appeal Court is refused.
- Judges
- E Molahlehi
- Legal Topics
- Leave to Appeal, Unfair Dismissal, Arbitration Award Review
Source-derived case record
Summary, issues, holding and outcome
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Parties
SATAWU obo Ramalepe Mtlatso
Applicant
Commission for Conciliation Mediation and Arbitration
Respondent
Norman Mbelengwa N.O
Respondent
Isikhonyane Cleaning Services (Pty) Ltd
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Review Judgment
Legal Issues
- 1 Whether leave to appeal should be granted against the review judgment setting aside the arbitration award.
- 2 Whether there is a reasonable possibility that another court may reach a different decision.
- 3 Whether the matter is of sufficient importance to warrant leave to appeal.
Ratio Decidendi
The court found that the applicant did not demonstrate a reasonable possibility that another court would reach a different decision regarding the review and substitution of the arbitration award. The grounds for leave to appeal, though considered, did not persuade the court that the matter warranted further consideration by the Labour Appeal Court. The court also found no other basis justifying the granting of leave to appeal.
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
27 paragraphs
REPUBLIC OF SOUTH AFRICA
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not reportable
CASE NO: JR 381/12
In the matter between:
SATAWU obo RAMALEPE MTLATSO Applicant
And
COMMISSION FOR CONCILIATION
MEDIATION AND ARBITRATION First
Respondent
NORMAN MBELENGWA N.O Second
Respondent
ISIKHONYANE CLEANING SERVICES (PTY) LTD Third
Respondent
Delivered on 13 March 2014
JUDGMENT
MOLAHLEHI J
[1] This is an application for leave to appeal against the judgment of this Court made on 30 July 2013, in terms of which the arbitration award made under case number GAJB
25033/11 dated 12 December 2011 was reviewed and set aside. The arbitration award was substituted with the order to the effect that the dismissal of the individual applicant was unfair.
[2] The appellant (the third respondent in the review application) 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