Democratic Union of Security Workers (DUSWO) and Others v Royal Serve Cleaning (Pty) Ltd (C498/2011) [2012] ZALCCT 48 (17 February 2012)

Democratic Union of Security Workers (DUSWO) and Others v Royal Serve Cleaning (Pty) Ltd (C498/2011) [2012] ZALCCT 48 (17 February 2012)

The court found that although the judgment was read out in court on 19 August 2011, certain changes were made to the written judgment, which was only made available to the parties on 26 September 2011. The eight-day delay in filing the application for leave to appeal was not considered inordinate, and the...

Source-derived case information.

Citation
[2012] ZALCCT 48
Parties
Applicant: Democratic Union of Security Workers (DUSWO); Applicant: DUSWO Members Employed by the Respondent; Respondent: Royal Serve Cleaning (Pty) Ltd
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
17 February 2012
Case Number
C498/2011
Procedural Posture
Leave to Appeal / Application for Condonation and Leave to Appeal Following Final Interdict and Costs Order
Outcome
Condonation for late filing is granted and leave to appeal is granted. No order as to costs.
Judges
Conradie
Legal Topics
Condonation for Late Filing, Leave to Appeal, Final Interdict, Costs Award
Labour Law Civil Procedure Condonation for Late Filing Leave to Appeal Final Interdict Costs Award

Source-derived case record

Summary, issues, holding and outcome

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Parties

Democratic Union of Security Workers (DUSWO)

Applicant

DUSWO Members Employed by the Respondent

Applicant

Royal Serve Cleaning (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Condonation and Leave to Appeal Following Final Interdict and Costs Order

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the application for leave to appeal.
  2. 2 Whether leave to appeal should be granted against the judgment and order of 19 August 2011.

Ratio Decidendi

The court found that although the judgment was read out in court on 19 August 2011, certain changes were made to the written judgment, which was only made available to the parties on 26 September 2011. The eight-day delay in filing the application for leave to appeal was not considered inordinate, and the explanation provided by DUSWO regarding internal union processes was accepted. The court further acknowledged that there were prospects that another court might reach a different conclusion on the merits. Accordingly, condonation for the late filing was granted, and leave to appeal was allowed. No order as to costs was made.

Court Disposition

Condonation for late filing is granted and leave to appeal is granted. No order as to costs.

Orders

  • The late filing of the application for leave to appeal is condoned.
  • Leave to appeal is granted.