MCC Contractors (Pty) Ltd v Johnston NO and Others (JR 2727/07) [2012] ZALCJHB 20; (2012) 33 ILJ 2096 (LC) (24 February 2012)

MCC Contractors (Pty) Ltd v Johnston NO and Others (JR 2727/07) [2012] ZALCJHB 20; (2012) 33 ILJ 2096 (LC) (24 February 2012)

The applicant failed to file its application for leave to appeal within the prescribed time period and did not submit an application for condonation or provide any explanation for the delay. The court held that compliance with the rules regarding time limits is essential and that condonation will only be granted on good cause shown. In the absence of any explanation for the delay, the application for leave to appeal must be dismissed. Furthermore, even if the application had been filed within the time limits, the court was not persuaded that there were reasonable prospects of success on appeal. The application for leave to appeal was therefore dismissed with costs.

Citation
[2012] ZALCJHB 20
Parties
Applicant: MCC Contractors (Pty) Ltd; Respondent: Lorraine Johnston NO; Respondent: The Commission for Conciliation Mediation and Arbitration; Respondent: NUM o.b.o David Nel
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
24 February 2012
Case Number
JR 2727/07
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Dismissal of Review Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
AC Basson
Legal Topics
Late Filing of Appeal, Condonation, Leave to Appeal, Labour Court Rules
Labour Law Civil Procedure Late Filing of Appeal Condonation Leave to Appeal Labour Court Rules

Case Brief

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Parties

MCC Contractors (Pty) Ltd

Applicant

Lorraine Johnston NO

Respondent

The Commission for Conciliation Mediation and Arbitration

Respondent

NUM o.b.o David Nel

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant's late filing of the application for leave to appeal should be condoned.
  2. 2 Whether the absence of an application for condonation is fatal to the application for leave to appeal.
  3. 3 Whether there are reasonable prospects of success on appeal.

Ratio Decidendi

The applicant failed to file its application for leave to appeal within the prescribed time period and did not submit an application for condonation or provide any explanation for the delay. The court held that compliance with the rules regarding time limits is essential and that condonation will only be granted on good cause shown. In the absence of any explanation for the delay, the application for leave to appeal must be dismissed. Furthermore, even if the application had been filed within the time limits, the court was not persuaded that there were reasonable prospects of success on appeal. The application for leave to appeal was therefore dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is ordered to pay the costs of the application.