Philander and Others v La Maison (C 596/2013) [2015] ZALCCT 30 (17 April 2015)

Philander and Others v La Maison (C 596/2013) [2015] ZALCCT 30 (17 April 2015)

The court found that the union's explanation for the seven-month delay in filing the application for leave to appeal was inadequate, consisting of repetitive and unconvincing reasons such as late transmission of the judgment, translation needs, and fundraising activities. The union had accepted legal advice that the judgment was correct on the merits and sought to appeal only the costs order. The court held that costs orders are discretionary and not readily susceptible to appeal unless there is a clear misdirection or improper exercise of discretion, which was not present in this case. The union's conduct, including reckless support of unprotected strike action and lack of evidence of...

Citation
[2015] ZALCCT 30
Parties
Applicant: Christiaan Philander; Applicant: Jacobus Burger; Applicant: Adam Louw; Applicant: Commercial, Stevedoring, Agricultural and Allied Workers Union (CSAAWU); Respondent: La Maison
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
17 April 2015
Case Number
C 596/2013
Procedural Posture
Leave to Appeal / Application for Condonation for Late Filing of Leave to Appeal
Outcome
Application for condonation for the late filing of the application for leave to appeal is dismissed with costs.
Judges
Steenkamp
Legal Topics
Condonation, Leave to Appeal, Costs Order, Unprotected Strike, Section 162 Lra
Labour Law Civil Procedure Condonation Leave to Appeal Costs Order Unprotected Strike Section 162 Lra

Case Brief

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Parties

Christiaan Philander

Applicant

Jacobus Burger

Applicant

Adam Louw

Applicant

Commercial, Stevedoring, Agricultural and Allied Workers Union (CSAAWU)

Applicant

La Maison

Respondent

Procedural Posture

Leave to Appeal / Application for Condonation for Late Filing of Leave to Appeal

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the application for leave to appeal against the costs order.
  2. 2 Whether the union has reasonable prospects of success in appealing the costs order only.
  3. 3 Whether the explanation for the seven-month delay is adequate.

Ratio Decidendi

The court found that the union's explanation for the seven-month delay in filing the application for leave to appeal was inadequate, consisting of repetitive and unconvincing reasons such as late transmission of the judgment, translation needs, and fundraising activities. The union had accepted legal advice that the judgment was correct on the merits and sought to appeal only the costs order. The court held that costs orders are discretionary and not readily susceptible to appeal unless there is a clear misdirection or improper exercise of discretion, which was not present in this case. The union's conduct, including reckless support of unprotected strike action and lack of evidence of...

Court Disposition

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

Orders

  • The application for condonation for the late filing of the application for leave to appeal is dismissed with costs.