Ramayapedi v Transnet Bargaining Council and Others (JR60/2016) [2017] ZALCJHB 171 (21 February 2017)
- Citation
- [2017] ZALCJHB 171
- Status
- Ruling
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- Van Niekerk
- Case number
- JR 60/2016
More details
- Court
- Labour Court Johannesburg
- Panel
- Van Niekerk
- Case number
- JR 60/2016
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the application for leave to appeal was filed late, outside the prescribed period, and no application for condonation was made. This deprived the court of jurisdiction to entertain the application. Furthermore, the applicant failed to advance any new grounds for appeal, merely restating the basis of the review application, which had already been found to be confused and incomprehensible. The applicant did not appreciate the nature of the test for leave to appeal nor the distinction between arbitration proceedings and disciplinary enquiries. Consequently, the applicant failed to meet the required threshold for leave to appeal, and the application was dismissed.
Court disposition
Application for leave to appeal dismissed.
Orders
- The application for leave to appeal is dismissed.
02
Material facts
Parties
Thabo Ramayapedi
ApplicantTransnet Bargaining Council
RespondentLungile Mtiya
RespondentTransnet Freight Rail
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
04
Questions and positions
Legal issues
- 01
Whether the application for leave to appeal was filed within the prescribed time period.
- 02
Whether the applicant advanced any new grounds for appeal not already considered in the judgment.
- 03
Whether the applicant met the threshold for leave to appeal in terms of the applicable legal test.
Party arguments
- Applicant
- The applicant sought leave to appeal against the dismissal of his review application, restating the grounds previously raised and contending that the arbitration award should be set aside. He did not address the late filing nor did he advance any new substantive grounds for appeal.
- Respondent
- The respondents opposed the application for leave to appeal, arguing that it was filed out of time without an application for condonation, and that the applicant failed to meet the legal threshold for leave to appeal, merely repeating arguments already considered and rejected by the court.
05
Court’s reasoning
Legal principles
- 01
Labour Court Rule 30
An application for leave to appeal must be filed within the time period prescribed by the rules, failing which the court lacks jurisdiction unless condonation is sought and granted.
- 02
Section 166 of the Labour Relations Act, 66 of 1995
Leave to appeal will only be granted where the applicant demonstrates reasonable prospects of success or raises an important question of law.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the application for leave to appeal was filed late, outside the prescribed period, and no application for condonation was made. This deprived the court of jurisdiction to entertain the application. Furthermore, the applicant failed to advance any new grounds for appeal, merely restating the basis of the review application, which had already been found to be confused and incomprehensible. The applicant did not appreciate the nature of the test for leave to appeal nor the distinction between arbitration proceedings and disciplinary enquiries. Consequently, the applicant failed to meet the required threshold for leave to appeal, and the application was dismissed.
Obiter and limits
- The court noted that the applicant's submissions in support of leave to appeal did not warrant detailed consideration, given their repetitive and incoherent nature.
- The judgment emphasized the importance of understanding the procedural requirements and substantive tests applicable to applications for leave to appeal in labour matters.
Court disposition
Application for leave to appeal dismissed.
- The application for leave to appeal is dismissed.
Source and reliance status
Labour Court Johannesburg
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Ruling
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
JUDGMENT
Not reportable
Case no: JR 60/2016
THABO RAMAYAPEDI Applicant
and
TRANSNET
BARGAINING COUNCIL First
Respondent
LUNGILE MTIYA Second
Respondent
TRANSNET
FREIGHT RAIL Third
Respondent
Chambers 21 February 2017
RULING:
APPLICATION FOR LEAVE TO APPEAL
VAN
NIEKERK J
[1] The applicant applies for leave to appeal against the whole of the judgment delivered by this court on 1 September 2016. In the judgment, the court dismissed with costs an application to review and set aside an arbitration award issued by the second respondent.
[2] First, the application was filed late. In terms of rule 30, the application ought to have been filed by no later than 6 January 2016. The application was filed a week later, with no application for combination. On this basis, the court has no jurisdiction to entertain the application and it stands to be dismissed on that basis.
[3] In any event, as I observed in the judgment, the application for review was confused and the founding and supplementary affidavits
virtually incomprehensible. The application for leave to appeal does not advance any grounds not already considered in the reasons for judgment. The applicant appears not to appreciate the nature of the test to be applied in the present instance and has simply restated, in a possibly more coherent form, the basis of the review application. In particular, seems to me that the applicant fails to appreciate the nature of arbitration proceedings and their relation to a disciplinary enquiry.
[3] In the circumstances, I do not intend to burden this ruling with a detailed consideration of the applicant submissions in support of his application for leave to appeal. In my view, the applicant has failed to meet the required threshold and leave to appeal stands to be refused.
I make the following order:
1. The application for leave to appeal is dismissed.
_____
ANDRE
VAN NIEKERK
JUDGE
OF THE LABOUR COURT
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