Association of Mineworkers and Construction Union and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR730/16) [2018] ZALCJHB 191 (18 May 2018)

Association of Mineworkers and Construction Union and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR730/16) [2018] ZALCJHB 191 (18 May 2018)

The court found that the applicants' explanation for the late filing of written submissions was irrational and unacceptable. Settlement discussions did not suspend the obligation to comply with court rules, and the applicants ignored clear warnings from the third respondent. The attorney's unavailability was not a...

Source-derived case information.

Citation
[2018] ZALCJHB 191
Parties
Applicant: The Association of Mineworkers and Construction Union; Applicant: The Members of AMCU reflected on Annexure 'A'; Respondent: The Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Kgomotso Lekwakwe N.O; Respondent: Global Cleaning Services (Pty) Ltd; Respondent: EKM Trading (Pty) Ltd; Respondent: TMMS Trading CC; Respondent: Elutsane Enterprise (Pty) Ltd; Respondent: Mahube A Gauta 78 Holdings (Pty) Ltd; Respondent: Kwezi Investments (Pty) Ltd; Respondent: Sizisa Ukhanyo Tradings 498 CC
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 May 2018
Case Number
JR730/16
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed with costs awarded against the applicants.
Judges
P Nkutha-Nkontwana
Legal Topics
Condonation, Leave to Appeal, Late Filing, Costs Order, Expeditious Resolution of Labour Disputes
Labour Law Civil Procedure Condonation Leave to Appeal Late Filing Costs Order Expeditious Resolution of Labour Disputes

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Summary, issues, holding and outcome

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Parties

The Association of Mineworkers and Construction Union

Applicant

The Members of AMCU reflected on Annexure 'A'

Applicant

The Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Kgomotso Lekwakwe N.O

Respondent

Global Cleaning Services (Pty) Ltd

Respondent

EKM Trading (Pty) Ltd

Respondent

TMMS Trading CC

Respondent

Elutsane Enterprise (Pty) Ltd

Respondent

Mahube A Gauta 78 Holdings (Pty) Ltd

Respondent

Kwezi Investments (Pty) Ltd

Respondent

Sizisa Ukhanyo Tradings 498 CC

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicants provided a reasonable explanation for the late filing of written submissions in support of leave to appeal.
  2. 2 Whether condonation for the late filing should be granted.
  3. 3 Whether there is a reasonable prospect that another court may reach a different conclusion on appeal.

Ratio Decidendi

The court found that the applicants' explanation for the late filing of written submissions was irrational and unacceptable. Settlement discussions did not suspend the obligation to comply with court rules, and the applicants ignored clear warnings from the third respondent. The attorney's unavailability was not a valid excuse, as alternative representation could have been arranged. The applicants failed to demonstrate a reasonable prospect that another court would reach a different conclusion, and their repeated non-compliance with prescribed time periods undermined the statutory imperative for expeditious resolution of labour disputes. Accordingly, condonation was refused, and leave to...

Court Disposition

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

Orders

  • The applicants' application for leave to appeal against the judgment handed down on 25 January 2018 is dismissed.
  • The applicants are to pay the third respondent's costs.