Mlungu v Commission for Conciliation, Mediation and Arbitration and Others (JR1865/19) [2021] ZALCJHB 296 (22 September 2021)

Mlungu v Commission for Conciliation, Mediation and Arbitration and Others (JR1865/19) [2021] ZALCJHB 296 (22 September 2021)

The Court found that the applicant failed to comply with the procedural requirements for an application for leave to appeal, specifically the obligation to file written submissions within ten days of lodging the application. As a result, the application was defective and not properly before the Court. The Court dismissed the application for leave to appeal on this basis.

Citation
[2021] ZALCJHB 296
Parties
Applicant: Sibonile Mlungu; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Zanele Sibaya N.O.; Respondent: Impala Platinum Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 September 2021
Case Number
JR1865/19
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed.
Judges
Tlhotlhalemaje
Legal Topics
Condonation, Late Referral, Unfair Dismissal, Leave to Appeal Procedure
Labour Law Condonation Late Referral Unfair Dismissal Leave to Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Sibonile Mlungu

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Zanele Sibaya N.O.

Respondent

Impala Platinum Limited

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant's application for leave to appeal is properly before the Court.
  2. 2 Whether the failure to file written submissions within the prescribed period renders the application defective.

Ratio Decidendi

The Court found that the applicant failed to comply with the procedural requirements for an application for leave to appeal, specifically the obligation to file written submissions within ten days of lodging the application. As a result, the application was defective and not properly before the Court. The Court dismissed the application for leave to appeal on this basis.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The applicant’s application for leave to appeal is dismissed.
  • There is no order as to costs.