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

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

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.

Citation
[2017] ZALCJHB 203
Parties
Applicant: Joseph Mathebula; Respondent: Sibanye Gold Limited; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Lindokuhle Dlamini N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 May 2017
Case Number
JR212/14
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Labour Appeal Court
Outcome
Application for leave to appeal dismissed.
Judges
D H Gush
Legal Topics
Leave to Appeal, Condonation, Reasonable Prospect of Success
Labour Law Leave to Appeal Condonation Reasonable Prospect of Success

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Joseph Mathebula

Applicant

Sibanye Gold Limited

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Lindokuhle Dlamini N.O.

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown reasonable prospects that another court would reach a different decision.
  2. 2 Whether condonation for the late filing of the application for leave to appeal should be granted.

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.

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.