Pillay v Diale NO and Others (JR 441/2010) [2013] ZALCJHB 135 (30 April 2013)

Pillay v Diale NO and Others (JR 441/2010) [2013] ZALCJHB 135 (30 April 2013)

The application for leave to appeal was filed outside the prescribed 10-day period and no condonation was sought for the late filing. On this procedural ground alone, the application is dismissed. Even considering the merits, the applicant failed to provide a reasonable or proper explanation for the delay in filing the review application, which was three weeks late. The underlying dispute was referred to the CCMA more than 500 days out of time without any proper explanation. The Court is satisfied that the decision to refuse condonation was justified both on the facts and the law, and there is no reasonable prospect that another court would reach a different conclusion. The applicable...

Citation
[2013] ZALCJHB 135
Parties
Applicant: Nithiakalyanie Pillay; Respondent: Simon Diale N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Tshwane University of Technology
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
30 April 2013
Case Number
JR441/2010
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Refusal of Condonation and Dismissal of Review Application
Outcome
Application for leave to appeal dismissed. No order as to costs.
Judges
K M Savage
Legal Topics
Condonation, Late Filing, Review Application, Leave to Appeal, Labour Relations Act
Labour Law Civil Procedure Condonation Late Filing Review Application Leave to Appeal Labour Relations Act

Case Brief

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Parties

Nithiakalyanie Pillay

Applicant

Simon Diale N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Tshwane University of Technology

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Refusal of Condonation and Dismissal of Review Application

Legal Issues

  1. 1 Whether the applicant is entitled to leave to appeal against the refusal of condonation and dismissal of the review application.
  2. 2 Whether the late filing of the application for leave to appeal should be condoned.
  3. 3 Whether the Labour Court correctly applied the legal principles regarding condonation for late filing.

Ratio Decidendi

The application for leave to appeal was filed outside the prescribed 10-day period and no condonation was sought for the late filing. On this procedural ground alone, the application is dismissed. Even considering the merits, the applicant failed to provide a reasonable or proper explanation for the delay in filing the review application, which was three weeks late. The underlying dispute was referred to the CCMA more than 500 days out of time without any proper explanation. The Court is satisfied that the decision to refuse condonation was justified both on the facts and the law, and there is no reasonable prospect that another court would reach a different conclusion. The applicable...

Court Disposition

Application for leave to appeal dismissed. No order as to costs.

Orders

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