South Africa: Cape Town Labour Court, Cape Town

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[2012] ZALCCT 29
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South African Breweries Ltd v Commission for Conciliation Mediation and Arbitration and Others (C 665/2011) [2012] ZALCCT 29 (25 July 2012)
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Not reportable
Of interest to other judges
REPUBLIC OF SOUTH AFRICA
THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN
JUDGMENT
Case no: C 665/11
In the matter between:
SOUTH AFRICAN BREWERIES LTD |
Applicant |
and |
|
CCMA |
First Respondent |
TARIQ JAMODIEN N.O. |
Second Respondent |
CEDRIC KARSTENS |
Third Respondent |
Heard: In chambers
Delivered: 25 July 2012
RULING ON LEAVE TO APPEAL
STEENKAMP J
Introduction
The applicant seeks leave to appeal against my judgment of 24 May 2012 in which I dismissed its application for review with costs.
The applicable test
It is trite that the applicable test is whether there is a reasonable prospect that another court may come to a different conclusion.1 To this is sometimes added the interests of justice.
Evaluation / Analysis
On of the issues addressed in my judgment is the appropriate test on review, especially as regards the role of the commissioner in deciding whether the sanction of dismissal was fair.
Despite the apparently clear articulation of the test by Navsa J in Sidumo2 and the subsequent dictum of the Labour Appeal Court in Wasteman Group v SAMWU & Others3, there still appears to be some confusion about the commissioner’s role in this regard.
In my view, it is in the interests of justice that the Labour Appeal Court should once again provide clear guidance on this aspect of the test on review.
Order
Leave to appeal is granted. Costs of this application are to be costs in the appeal.
_______________________
Steenkamp J
Judge of the Labour Court of South Africa
1Karbochem Sasolburg (a division of Sentrachem Ltd) v Kriel (1999) 20 ILJ 2889 (LC) 2890D.
2Sidumo & another v Rustenburg Platinum Mines Ltd & others (2007) 28 ILJ 2405 (CC) para [75].
3Unreported, CA 6/2011 (8 March 2011).