South Africa Ruling

Labour Court Johannesburg

Mathebula v Sibanye Gold Limited and Others (JR212/14) [2017] ZALCJHB 203 (29 May 2017)

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Research organized from the available case record

Source document

01

Holding and result

The court found that the applicant failed to demonstrate reasonable prospects that another court would reach a different decision. The condonation application for late filing was granted as there was no opposition. However, the substantive application for leave to appeal was dismissed due to lack of merit.

Court disposition

Application for leave to appeal dismissed.

Orders

  • The applicant’s application for leave to appeal is dismissed.
  • Condonation for the late filing of the application for leave to appeal is granted.

02

Material facts

Parties

Joseph Mathebula

Applicant

Sibanye Gold Limited

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Lindokuhle Dlamini N.O.

Respondent

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal to the Labour Appeal Court

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant contends that the judgment handed down on 22 February 2017 was incorrect and seeks leave to appeal to the Labour Appeal Court. The application for leave to appeal was filed late, accompanied by a condonation application. Written submissions were provided in support of the application.
Respondent
The first respondent opposes the application for leave to appeal, arguing that there are no reasonable prospects that another court would reach a different decision. The respondent does not oppose the condonation application.

05

Court’s reasoning

  1. 01

    Section 166(1) of the Labour Relations Act 66 of 1995

    Leave to appeal will only be granted if there is a reasonable prospect that another court may come to a different conclusion.

  2. 02

    National Union of Mineworkers v Council for Mineral Technology [1999] 3 BLLR 209 (LAC)

    Condonation may be granted where the interests of justice so require and where there is no opposition to the condonation application.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the applicant failed to demonstrate reasonable prospects that another court would reach a different decision. The condonation application for late filing was granted as there was no opposition. However, the substantive application for leave to appeal was dismissed due to lack of merit.

Court disposition

Application for leave to appeal dismissed.

  • The applicant’s application for leave to appeal is dismissed.
  • Condonation for the late filing of the application for leave to appeal is granted.

Source and reliance status

Labour Court Johannesburg

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Judgment reading view

Judgment text

The complete available source text.

Source document

Labour Court Johannesburg

Ruling

[2017] ZALCJHB 203

IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

Not Reportable

case no: JR212/14

In the matter between:

JOSEPH

MATHEBULA

Applicant

and

SIBANYE

GOLD LIMITED

First Respondent

COMMISSION FOR CONCILIATION,

MEDIATION

AND ARBITRATION Second Respondent

LINDOKUHLE DLAMINI N.O.

Third Respondent

Heard: in Chambers

Delivered: 29 May 2017

JUDGMENT:

APPLICATION FOR LEAVE TO APPEAL

GUSH J

Introduction

[1] The applicant applies for leave to appeal to the Labour Appeal Court against the judgment in this matter handed down on 22 February 2017.

[2] The applicant filed its notice of application for leave to appeal on 20 March 2017 (accompanied by a condonation application regarding the late filing of the application for leave to appeal) and written submissions 19 May 2017.

[3] The first respondent filed its opposition to the application for leave to appeal on 18 May 2017.

[4] There is no opposition to the condonation application and condonation is granted.

[5] I am not persuaded that that there is a reasonable prospect of another court coming to a different decision.

Order

[6] I accordingly make the following order:

1. The applicant’s application for leave to appeal is dismissed.

_____

D H Gush

Judge of the Labour Court of South Africaaregfff

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

National Union of Mineworkers v Council for Mineral Technology [1999] 3 BLLR 209 (LAC)

Case cited

Labour Relations Act 66 of 1995

Legislation

Legislation referenced in the available case record.

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