Tokwe v Masote NO and Others (JR113/08) [2009] ZALCJHB 1 (30 October 2009)
The court considered the grounds for leave to appeal and the written submissions of both parties. It found that there is no reasonable prospect that another court would reach a different conclusion regarding the review and setting aside of the arbitration award. Accordingly, the application for leave to appeal is...
Source-derived case information.
- Citation
- [2009] ZALCJHB 1
- Parties
- Applicant: Amandla Tokwe; Respondent: Bonge Masote N.O.; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: South African Broadcasting Corporation Limited
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JR113/08
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal to Labour Appeal Court
- Outcome
- Application for leave to appeal dismissed.
- Judges
- Molahlehi
- Legal Topics
- Leave to Appeal, Arbitration Award Review, Reasonable Prospect of Success
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amandla Tokwe
Applicant
Bonge Masote N.O.
Respondent
Commission for Conciliation Mediation and Arbitration
Respondent
South African Broadcasting Corporation Limited
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to Labour Appeal Court
Legal Issues
- 1 Whether there is a reasonable prospect that another court may reach a different conclusion regarding the review and setting aside of the arbitration award.
- 2 Whether leave to appeal to the Labour Appeal Court should be granted.
Ratio Decidendi
The court considered the grounds for leave to appeal and the written submissions of both parties. It found that there is no reasonable prospect that another court would reach a different conclusion regarding the review and setting aside of the arbitration award. Accordingly, the application for leave to appeal is 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.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE LABOUR COURT OF SOUTH AFRICA
HELD IN JOHANNESBURG
NOT REPORTABLE
CASE NO: JR 113/08
In the matter between:
AMANDLA TOKWE APPLICANT
and
BONGE MASOTE N.O. 1ST RESPONDENT
COMMISSION FOR CONCILIATION
MEDIATION AND ARBITRATION 2ND RESPONDENT
SOUTH AFRICAN BROADCASTING
CORPORATION LIMITED 3RD RESPONDENT
JUDGMENT
Molahlehi J
[1] This is an application for leave to appeal against my judgment handed down on 27th February 2009, in which I reviewed and set aside the arbitration award issued by the first respondent under case number GAJB18159-07 dated 29th November 2007 with costs. This matter was considered only on the written submissions made by the parties.
[2] The third respondent 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.
[3] 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.
[4] 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.
[5] In the circumstances the following order is made:
(i) The application for leave to appeal to the Labour Appeal Court against the whole judgment is dismissed.
(ii) There is no order as to costs.
_______________
Date of Judgment: 30th October 2009
Appearances
(Leave to appeal decided on papers)