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Falcon Forest (Pty) Ltd t/a Royal Ascot Superspar (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (C 374/06) [2009] ZALC 261 (4 November 2009)

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IN THE LABOUR COURT OF SOUTH AFRICA

HELD IN CAPE TOWN

NOT REPORTABLE

CASE NO: C374/06

In the matter between:

FALCON FOREST (PTY) LTD

t/a ROYAL ASCOT SUPERSPAR (PTY) LTD ................................APPLICANT

and

COMMISSION FOR CONCILIATION

MEDIATION AND ARBITRATION ......................................1ST RESPONDENT

SOEWYA FLOWERS N.O. ....................................................2ND RESPONDENT

COSAWU obo VUSI KHUMALO ..........................................3RD RESPONDENT

JUDGMENT



Molahlehi J

  1. This is an application for leave to appeal against my judgment handed down on 11th July 2009 in which I dismissed the application to review and set aside the arbitration award issued by the second respondent under case number WE15954-05 dated 9th May 2006 with costs. This matter was considered on the papers submitted by the parties.

  2. The applicant 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:

    1. The application for leave to appeal to the Labour Appeal Court against the whole judgment is dismissed.

    2. There is no order as to costs.



_______________

Molahlehi J

Date of Judgment: 4th November 2009

Appearances

(Leave to appeal decided on papers)