Mofokeng v Matake and Others (JS688/16) [2018] ZALCJHB 343 (12 October 2018)

Mofokeng v Matake and Others (JS688/16) [2018] ZALCJHB 343 (12 October 2018)

The court found that the applicant failed to meet the threshold for leave to appeal, as there are no reasonable prospects of success. The matter was resolved on its own facts, with no novel legal issues or misinterpretation of law. The evidence showed that the equipment used to falsify deposit slips and the stamped deposit slips bearing the applicant's signature were found in her office, supporting the arbitrator's decision to uphold the dismissal. The award was not reviewable, and the interests of finality in litigation prevailed.

Citation
[2018] ZALCJHB 343
Parties
Applicant: Mamaki Maria Mofokeng; Respondent: Commissioner Pehelo Matake; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: South African National Parks (Golden Gate)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
12 October 2018
Case Number
JS688/16
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Condonation Application
Outcome
Application for leave to appeal dismissed.
Judges
Boda
Legal Topics
Leave to Appeal, Condonation, Review of Arbitration Award, Dismissal for Misconduct
Labour Law Leave to Appeal Condonation Review of Arbitration Award Dismissal for Misconduct

Case Brief

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Parties

Mamaki Maria Mofokeng

Applicant

Commissioner Pehelo Matake

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

South African National Parks (Golden Gate)

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has met the threshold for leave to appeal against the dismissal of the condonation application.
  2. 2 Whether there are reasonable prospects that another court might reach a different conclusion.
  3. 3 Whether the arbitrator's award upholding the dismissal was reviewable.

Ratio Decidendi

The court found that the applicant failed to meet the threshold for leave to appeal, as there are no reasonable prospects of success. The matter was resolved on its own facts, with no novel legal issues or misinterpretation of law. The evidence showed that the equipment used to falsify deposit slips and the stamped deposit slips bearing the applicant's signature were found in her office, supporting the arbitrator's decision to uphold the dismissal. The award was not reviewable, and the interests of finality in litigation prevailed.

Court Disposition

Application for leave to appeal dismissed.

Orders

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