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Public Servants Association of South Africa obo Members v Minister of Defence and Military Veterans and Others (JS857/16) [2020] ZALCJHB 60 (4 March 2020)

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IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

Not reportable

Case no: JS 857/16

In the matter between:

PUBLIC SERVANTS ASSOCIATION

OF SOUTH AFRICA obo MEMBERS                                        Applicant

and

MINISTER OF DEFENCE AND MILITARY

VETERANS                                                                                 First Respondent

DEPARTMENT OF DEFENCE                                                    Second Respondent

SECRETARY FOR DEFENCE                                                    Third Respondent

MINISTER OF THE PUBLIC SERVICE

AND ADMINISTRATION                                                              Fourth Respondent

DEPARTMENT OF THE PUBLIC SERVICE

AND ADMINISTRATION                                                               Fifth Respondent

Decided in chambers

Delivered: 04 March 2020

JUDGMENT

MABASO, AJ

[1]       This is an application, by the Respondents, for leave to appeal the judgment of this Court which was delivered on 18 December 2019.The test to apply when considering whether or not to grant leave to appeal is whether there is a reasonable prospect that the Labour Appeal Court may come to a different conclusion to that of this Court.

[2]        I have carefully considered the grounds for leave to appeal and the judgment. I am persuaded that another Court may come to a different conclusion to the one reached by this Court.

[3]        I, therefore make the following order:

Order:

1.         The application for leave to appeal is granted.

2.         There is no order as to costs.

_____________________

S Mabaso

Acting Judge of the Labour Court of South Africa