Mofokeng and Others v Rotek and Roshcon SOC Ltd and Others (JR264/16) [2019] ZALCJHB 131 (7 June 2019)

Mofokeng and Others v Rotek and Roshcon SOC Ltd and Others (JR264/16) [2019] ZALCJHB 131 (7 June 2019)

The court found that, although the explanation for the delay was accepted, the prospects of success were explicitly deficient. The applicants failed to show that they had been dismissed or had a reasonable expectation of renewal of their contracts, rendering the review application unmeritorious. The test for leave to appeal requires reasonable prospects of success, which were not established. Consequently, the application for leave to appeal was refused.

Citation
[2019] ZALCJHB 131
Parties
Applicant: Andries Mofokeng and 4 Others; Respondent: Rotek and Roshcon SOC Ltd; Respondent: The Commission for Conciliation, Mediation and Arbitration; Respondent: Joyce Nkopane N.O
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
7 June 2019
Case Number
JR264/16
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Dismissal of Condonation for Late Review
Outcome
Application for leave to appeal dismissed with no order as to costs.
Judges
P Nkutha-Nkontwana
Legal Topics
Condonation, Prospects of Success, Review Application, Dismissal, Fixed Term Contracts
Labour Law Civil Procedure Condonation Prospects of Success Review Application Dismissal Fixed Term Contracts

Case Brief

Summary, issues, holding and outcome

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Parties

Andries Mofokeng and 4 Others

Applicant

Rotek and Roshcon SOC Ltd

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

Joyce Nkopane N.O

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal.
  2. 2 Whether the correct test was applied in considering condonation for late filing of the review application.
  3. 3 Whether the arbitration award was susceptible to review.

Ratio Decidendi

The court found that, although the explanation for the delay was accepted, the prospects of success were explicitly deficient. The applicants failed to show that they had been dismissed or had a reasonable expectation of renewal of their contracts, rendering the review application unmeritorious. The test for leave to appeal requires reasonable prospects of success, which were not established. Consequently, the application for leave to appeal was refused.

Court Disposition

Application for leave to appeal dismissed with no order as to costs.

Orders

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