South Africa: Johannesburg Labour Court, Johannesburg

THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

JUDGMENT

Not Reportable

Case no: J3159/12

JS1177/12

In the matter between:

SACCAWU                                                                                                         First Applicant

C MOENG AND OTHERS                                                         Second to Further Applicants

and

WOOLWORTHS (PTY) LTD                                                                                  Respondent

Dealt with in chambers

Delivered:     6 June 2016

JUDGMENT: LEAVE TO APPEAL

NKUTHA-NKONTWANA, AJ

Introduction

[1] This is an unopposed application by the respondent for leave to appeal against the judgment and order granted by this court against on 5 March 2016 in terms of which I made the following order:

‘1.        The dismissal of the second to further Applicants was substantively and procedurally unfair.

2.         Woolworths is ordered to reinstate the second to further Applicants retrospectively from date of their dismissal without loss of pay.

3.         Woolworths is ordered to pay costs.’

[2] The various grounds upon which the leave to appeal is sought are stated in detail in the respondent’s notice and well explained in its written submissions. The long and short of it is that the court erred in granting the above order. I have dealt adequately with the issues that are raised in this application in the judgment and believe that my findings are correct.

[3] It is trite that in an application for leave to appeal, the question to be asked is whether there are reasonable prospects of success on appeal. Even if the court believes in the correctness of its judgment, it should nonetheless grant leave to appeal, if there is a possibility that a court of appeal might conclude differently.[1]

[4] In the exercise of my discretion, I deem it necessary to deal with the leave to appeal in this matter without traversing the submissions made on behalf of the respondent, even though I do bear these in mind.

[5] I am persuaded that a possibility exist that another court might reasonably arrive at a decision different to the one reached by this court.

[6] In the premises, the application for leave to appeal is granted with no order as to costs.

____________________

Nkutha-Nkontwana, AJ

Acting Judge of the Labour Court of South Africa