Sasol Mining (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1848/13) [2016] ZALCJHB 295 (28 July 2016)

Sasol Mining (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1848/13) [2016] ZALCJHB 295 (28 July 2016)

The application for leave to appeal was delivered approximately three months out of time, well beyond the 15 court day period prescribed by Rule 30(2) of the Labour Court Rules. The applicant did not file any application for condonation nor provided any explanation for the delay. The court found that no good cause was shown to extend the prescribed period and there was no basis to exercise its discretion to condone the late filing. Accordingly, the application for leave to appeal was refused.

Citation
[2016] ZALCJHB 295
Parties
Applicant: Sasol Mining (Pty) Ltd; Respondent: The Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner W N Nkgoeng; Respondent: NUM obo Elvis Songo
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 July 2016
Case Number
JR1848/13
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Ex Tempore Judgment Refusing Review of Arbitration Award
Outcome
Application for leave to appeal refused.
Judges
Cele
Legal Topics
Leave to Appeal, Condonation, Arbitration Award Review, Late Filing
Labour Law Civil Procedure Leave to Appeal Condonation Arbitration Award Review Late Filing

Case Brief

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Parties

Sasol Mining (Pty) Ltd

Applicant

The Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner W N Nkgoeng

Respondent

NUM obo Elvis Songo

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Ex Tempore Judgment Refusing Review of Arbitration Award

Legal Issues

  1. 1 Whether the application for leave to appeal was delivered within the prescribed time period.
  2. 2 Whether condonation for late filing of the application for leave to appeal should be granted.
  3. 3 Whether good cause was shown to extend the prescribed period for filing leave to appeal.

Ratio Decidendi

The application for leave to appeal was delivered approximately three months out of time, well beyond the 15 court day period prescribed by Rule 30(2) of the Labour Court Rules. The applicant did not file any application for condonation nor provided any explanation for the delay. The court found that no good cause was shown to extend the prescribed period and there was no basis to exercise its discretion to condone the late filing. Accordingly, the application for leave to appeal was refused.

Court Disposition

Application for leave to appeal refused.

Orders

  • The application for leave to appeal is refused.
  • No costs order is made.