Office Of The Presidency v PSA obo Mbiza (JR1567/10) [2014] ZALCJHB 79 (20 March 2014)

Office Of The Presidency v PSA obo Mbiza (JR1567/10) [2014] ZALCJHB 79 (20 March 2014)

The applicant failed to provide a satisfactory explanation for the significant delay in filing the application for leave to appeal. The festive season does not constitute dies non in the Labour Court, and the applicant, represented by the State Attorney and senior counsel, was well aware of the rules. The reasons advanced for the delay are inadequate and inexcusable. Furthermore, the applicant's prospects of success on appeal are poor, as the court correctly found that the dismissal was substantively unfair due to lack of evidence of incompatibility and that compensation was properly awarded, distinguishing compensation from damages. The prejudice to the employee is substantial, as the...

Citation
[2014] ZALCJHB 79
Parties
Applicant: Office Of The Presidency; Respondent: PSA obo A H Mbiza; Respondent: GPSSBC; Respondent: Martin Sambo No
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 March 2014
Case Number
JR1567/10
Procedural Posture
Leave to Appeal / Application for Condonation and Leave to Appeal
Outcome
Application for condonation for the late filing of the application for leave to appeal is dismissed.
Judges
Steenkamp
Legal Topics
Condonation, Late Filing, Substantive Fairness, Compensation for Unfair Dismissal, Fixed Term Contract, Review of Arbitration Award
Labour Law Civil Procedure Condonation Late Filing Substantive Fairness Compensation for Unfair Dismissal Fixed Term Contract Review of Arbitration Award

Case Brief

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Parties

Office Of The Presidency

Applicant

PSA obo A H Mbiza

Respondent

GPSSBC

Respondent

Martin Sambo No

Respondent

Procedural Posture

Leave to Appeal / Application for Condonation and Leave to Appeal

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the application for leave to appeal.
  2. 2 Whether the applicant has provided sufficient reasons for the delay.
  3. 3 Whether the applicant has reasonable prospects of success on appeal.

Ratio Decidendi

The applicant failed to provide a satisfactory explanation for the significant delay in filing the application for leave to appeal. The festive season does not constitute dies non in the Labour Court, and the applicant, represented by the State Attorney and senior counsel, was well aware of the rules. The reasons advanced for the delay are inadequate and inexcusable. Furthermore, the applicant's prospects of success on appeal are poor, as the court correctly found that the dismissal was substantively unfair due to lack of evidence of incompatibility and that compensation was properly awarded, distinguishing compensation from damages. The prejudice to the employee is substantial, as the...

Court Disposition

Application for condonation for the late filing of the application for leave to appeal is dismissed.

Orders

  • Condonation for the late filing of the application for leave to appeal is refused.
  • No order as to costs.