REPUBLIC OF SOUTH AFRICA

            THE LABOUR COURT OF SOUTH AFRICA
JOHANNESBURG
Not Reportable
case no: jR 2424/14
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 (‘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