Majara v CCMA and Others (D535/09) [2011] ZALCD 45 (4 November 2011)

Majara v CCMA and Others (D535/09) [2011] ZALCD 45 (4 November 2011)

The application for leave to appeal was delivered out of time and neither party applied for condonation for their respective delays. The applicant failed to deliver submissions as directed by the court. In light of these procedural failures, the court refused the application for leave to appeal. No order as to costs was made.

Citation
[2011] ZALCD 45
Parties
Applicant: M Majara; Respondent: CCMA; Respondent: M Van Aarde N.O.; Respondent: FAWU
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
4 November 2011
Case Number
D535/09
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal refused.
Judges
A J Steenkamp
Legal Topics
Leave to Appeal, Condonation, Review of Arbitration Award
Labour Law Leave to Appeal Condonation Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

M Majara

Applicant

CCMA

Respondent

M Van Aarde N.O.

Respondent

FAWU

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether leave to appeal should be granted against the dismissal of the review application.
  2. 2 Whether the late filing of the application for leave to appeal should be condoned.
  3. 3 Whether the failure to deliver submissions timeously affects the application.

Ratio Decidendi

The application for leave to appeal was delivered out of time and neither party applied for condonation for their respective delays. The applicant failed to deliver submissions as directed by the court. In light of these procedural failures, the court refused the application for leave to appeal. No order as to costs was made.

Court Disposition

Application for leave to appeal refused.

Orders

  • The application for leave to appeal is refused.
  • No order as to costs.