South Africa: Johannesburg Labour Court, Johannesburg

REPUBLIC OF SOUTH AFRICA

THE LABOUR COURT OF SOUTH AFRICA

JOHANNESBURG

Case No: JR 2424/14

DATE: 18 MARCH 2016

Not Reportable

In the matter between:

ROAD ACCIDENT FUND.......................................................................................................Applicant

And

Commissioner J.W THEE N.O....................................................................................First Respondent

COMMISSION FOR CONCILIATION MEDIATION........................................Second Respondent

AND ARBITRATION

ELIAS MOSENEKE AND 1 OTHER......................................................................Third Respondent

Decided : In Chambers

Judgment: 18 March 2016

Summary : Application for leave to appeal dismissed.

JUDGMENT-APPLICATION FOR LEAVE TO APPEAL

MATLEJOANE AJ.

[1] This is an application for leave to appeal against judgment of this Court dated 23 December 2015. In that case the Court was called upon to determine whether the condonation ruling issued by the first respondent under case number GAJB 9388/14 dated 27 October 2014, should be reviewed and set aside. In the in limine ruling, the first respondent had found that it would be in the interest of fairness and justice to grant the request for condonation.

[2] In its judgement this Court found no reason to disturb the in limine ruling and dismissed the application.

[3] In terms of section 166 (1) of the Labour Relations[1] (‘the Act’) any party to any proceedings before the Labour Court may apply to the Labour Court for leave to appeal to the Labour Appeal Court against any final order or final judgment of the Labour Court.

[4] The test to apply in deciding whether leave to appeal should be granted is whether there is a reasonable prospect that another court may come to a different conclusion to that reached by this Court.

[5] I have carefully considered the grounds for appeal as set out in the applicant’s notice of application for leave to appeal including my judgment and the submissions made. I am not persuaded that another court may come to a different conclusion to the one reached by me in my judgment.

Order

[6] In the circumstances I make the following order:

6.1 The application for leave to appeal is dismissed.

6.2 There is no order as to costs.

Matlejoane AJ

Acting Judge of the Labour Court