NEHAWU obo Dlamini and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1632/14) [2017] ZALCJHB 451 (28 November 2017)

NEHAWU obo Dlamini and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1632/14) [2017] ZALCJHB 451 (28 November 2017)

The applicant failed to provide a satisfactory and comprehensive explanation for the substantial delay in filing the application for leave to appeal and the required written submissions, both of which were filed well outside the prescribed timeframes. The applicant did not comply with the binding provisions of the Practice Manual and did not apply for condonation for the late filing of written submissions. The grounds for appeal were general, lacked specificity, and did not establish a reasonable prospect that another court would reach a different conclusion. The applicant's argument that a breach of the disciplinary code automatically constitutes unfair conduct was rejected, as more is...

Citation
[2017] ZALCJHB 451
Parties
Applicant: NEHAWU obo Dlamini and 5 Others; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Masote, B T N.O. (as arbitrator); Respondent: The South African Social Security Agency (SASSA)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 November 2017
Case Number
JR1632/14
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
S Snyman
Legal Topics
Condonation, Leave to Appeal, Practice Manual Compliance, Reasonable Prospects of Success
Labour Law Civil Procedure Condonation Leave to Appeal Practice Manual Compliance Reasonable Prospects of Success

Case Brief

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Parties

NEHAWU obo Dlamini and 5 Others

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Masote, B T N.O. (as arbitrator)

Respondent

The South African Social Security Agency (SASSA)

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation of the late filing of the application for leave to appeal.
  2. 2 Whether the applicant has complied with the Practice Manual requirements for leave to appeal.
  3. 3 Whether there are reasonable prospects that another court would reach a different conclusion.

Ratio Decidendi

The applicant failed to provide a satisfactory and comprehensive explanation for the substantial delay in filing the application for leave to appeal and the required written submissions, both of which were filed well outside the prescribed timeframes. The applicant did not comply with the binding provisions of the Practice Manual and did not apply for condonation for the late filing of written submissions. The grounds for appeal were general, lacked specificity, and did not establish a reasonable prospect that another court would reach a different conclusion. The applicant's argument that a breach of the disciplinary code automatically constitutes unfair conduct was rejected, as more is...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The applicant’s application for leave to appeal is dismissed with costs.