Woolworths (PTY) Ltd v Commission For Conciliation, Mediation and Arbitration and Others (JR 723/19) [2022] ZALCJHB 218 (12 August 2022)

Woolworths (PTY) Ltd v Commission For Conciliation, Mediation and Arbitration and Others (JR 723/19) [2022] ZALCJHB 218 (12 August 2022)

The Court found that the applicant failed to demonstrate reasonable prospects that another court would reach a different conclusion regarding the review application. The grounds advanced by the applicant were either previously considered and rejected or amounted to impermissible new grounds. The evidence regarding the authenticity of the sick note and the conduct of Dr Frempong’s practice was found to be uncorroborated, and the commissioner’s preference for certain evidence was rational. The application for leave to appeal was deemed to lack merit and was dismissed.

Citation
[2022] ZALCJHB 218
Parties
Applicant: Woolworths (PTY) Ltd; Respondent: Commission For Conciliation, Mediation and Arbitration; Respondent: Commissioner Davis Maila; Respondent: EL SHADAAI WORKERS UNION OF SA (“ESWUSA”); Respondent: Lorain Maseko
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
12 August 2022
Case Number
JR 723/19
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed with no order as to costs.
Judges
Mahosi
Legal Topics
Leave to Appeal, Review of Arbitration Award, Reasonable Prospect of Success, Sick Note Authenticity, Costs Order
Labour Law Civil Procedure Leave to Appeal Review of Arbitration Award Reasonable Prospect of Success Sick Note Authenticity Costs Order

Case Brief

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Parties

Woolworths (PTY) Ltd

Applicant

Commission For Conciliation, Mediation and Arbitration

Respondent

Commissioner Davis Maila

Respondent

EL SHADAAI WORKERS UNION OF SA (“ESWUSA”)

Respondent

Lorain Maseko

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether the applicant has demonstrated reasonable prospects that another court may reach a different conclusion on the review application.
  2. 2 Whether the commissioner erred in accepting the authenticity of the sick note issued by an unqualified person.
  3. 3 Whether the Labour Court failed to consider all relevant evidence and submissions in its judgment.

Ratio Decidendi

The Court found that the applicant failed to demonstrate reasonable prospects that another court would reach a different conclusion regarding the review application. The grounds advanced by the applicant were either previously considered and rejected or amounted to impermissible new grounds. The evidence regarding the authenticity of the sick note and the conduct of Dr Frempong’s practice was found to be uncorroborated, and the commissioner’s preference for certain evidence was rational. The application for leave to appeal was deemed to lack merit and was dismissed.

Court Disposition

Application for leave to appeal dismissed with no order as to costs.

Orders

  • The application for leave to appeal is dismissed.
  • There is no order as to costs.