South Africa: Durban Labour Court, Durban

REPLUBLIC OF SOUTH AFRICA

IN THE LABOUR COURT OF SOUTH AFRICA, DURBAN

JUDGMENT

Not reportable

Case No. D504/12

In the matter between:

LOVEDALE MODERATE ZIBUYILE HADEBE                                                      APPLICANT

and

SOUTH AFRICAN LOCAL GOVERNMENT                                           FIRST RESPONDENT

HUMPHREY NDABO N O                                                                 SECOND RESPONDENT

ETHEKWINI MUNICIPALITY – METRO WATER                                   THIRD RESPONDENT

In chambers

Delivered: 5 November 2014

Summary: Leave to appeal granted.

JUDGMENT

MHLONGO AJ

[1] This application in terms of Section 166 of the Labour Relations Act[1], is for Leave to Appeal against a final decision of the court dated 11 June 2014 in this matter.

[2] The third respondent outlined the grounds of appeal in the submissions in support of the application for Leave to Appeal.

[3] The applicant submitted a Notice of Opposition and failed/omitted to file submissions.

[4] The third respondent outlined various grounds of appeal in the submissions in support of the application for Leave to Appeal.

[5] I have considered all grounds of appeal and concluded that there are   reasonable prospects that another court might reach a conclusion materially different to the one reached by this Court.

[6] Accordingly:

6.1       the application for Leave to Appeal is granted on all grounds     outlined by the third respondent; and

6.2       costs are costs in the appeal.

________________________

Mhlongo, AJ:

Acting Judge of the Labour Court of south Africa

APPEARANCES:

For the Applicant:                              P Shangase ,A P Shangase & Associates

For the Third Respondent:               Advocate L Naidoo

Instructed by:                                   Hughes-Madondo Incorporated