Association for Mine Workers and Construction Union (AMCU) and Others v Oil Separation Services Northern Province CC (JS815/16) [2017] ZALCJHB 66 (21 February 2017)

Association for Mine Workers and Construction Union (AMCU) and Others v Oil Separation Services Northern Province CC (JS815/16) [2017] ZALCJHB 66 (21 February 2017)

The court found, after considering both the application for leave to appeal and the opposition, that there are no reasonable prospects that the Labour Appeal Court would reach a different conclusion than the one previously arrived at regarding the dismissal of the condonation application. The application for leave to appeal was deemed ill-considered, and the requirements of law and fairness justified a costs order against the First Applicant.

Citation
[2017] ZALCJHB 66
Parties
Applicant: Association for Mine Workers and Construction Union (AMCU); Applicant: The AMCU Members as per Annexure “A1”; Respondent: Oil Separation Services Northern Province CC
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
21 February 2017
Case Number
JS815/16
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Condonation Application
Outcome
Application for leave to appeal dismissed with costs awarded against the First Applicant.
Judges
Tlhotlhalemaje
Legal Topics
Condonation, Late Filing of Statement of Claim, Leave to Appeal, Costs Award
Labour Law Civil Procedure Condonation Late Filing of Statement of Claim Leave to Appeal Costs Award

Case Brief

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Parties

Association for Mine Workers and Construction Union (AMCU)

Applicant

The AMCU Members as per Annexure “A1”

Applicant

Oil Separation Services Northern Province CC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Condonation Application

Legal Issues

  1. 1 Whether there are reasonable prospects that the Labour Appeal Court might reach a different conclusion regarding the dismissal of the condonation application.
  2. 2 Whether leave to appeal should be granted in circumstances where the initial application was dismissed for late filing.
  3. 3 Whether costs should be awarded against the First Applicant.

Ratio Decidendi

The court found, after considering both the application for leave to appeal and the opposition, that there are no reasonable prospects that the Labour Appeal Court would reach a different conclusion than the one previously arrived at regarding the dismissal of the condonation application. The application for leave to appeal was deemed ill-considered, and the requirements of law and fairness justified a costs order against the First Applicant.

Court Disposition

Application for leave to appeal dismissed with costs awarded against the First Applicant.

Orders

  • The application for leave to appeal is dismissed.
  • The First Applicant is to pay the costs of this application.