Scheepers v Transnet Bargaining Council and Others (JR1818/20) [2023] ZALCJHB 156 (31 May 2023)

Scheepers v Transnet Bargaining Council and Others (JR1818/20) [2023] ZALCJHB 156 (31 May 2023)

The court found that the delay in filing the application for leave to appeal was short and adequately explained, particularly considering the Easter holiday period and the need for counsel's opinion. Condonation was therefore granted. However, the applicant failed to comply with the Practice Manual by not filing the required submissions and did not provide any substantive motivation for the grounds of appeal. The grounds advanced were general and amounted to mere disagreement with the court's conclusions, without demonstrating a reasonable prospect that another court would reach a different conclusion. The applicant failed to establish any prospects of success on appeal, and the...

Citation
[2023] ZALCJHB 156
Parties
Applicant: Sipho Scheepers; Respondent: Transnet Bargaining Council; Respondent: Thandiwe Tshayana N.O. (as Arbitrator); Respondent: Transnet SOC Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
31 May 2023
Case Number
JR1818/20
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for condonation granted; application for leave to appeal dismissed; no order as to costs.
Judges
S. Snyman
Legal Topics
Leave to Appeal, Condonation, Practice Manual Compliance, Unfair Dismissal
Labour Law Civil Procedure Leave to Appeal Condonation Practice Manual Compliance Unfair Dismissal

Case Brief

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Parties

Sipho Scheepers

Applicant

Transnet Bargaining Council

Respondent

Thandiwe Tshayana N.O. (as Arbitrator)

Respondent

Transnet SOC Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether condonation for the late filing of the application for leave to appeal should be granted.
  2. 2 Whether the applicant has established reasonable prospects of success on appeal.
  3. 3 Whether non-compliance with the Practice Manual should result in dismissal of the application for leave to appeal.

Ratio Decidendi

The court found that the delay in filing the application for leave to appeal was short and adequately explained, particularly considering the Easter holiday period and the need for counsel's opinion. Condonation was therefore granted. However, the applicant failed to comply with the Practice Manual by not filing the required submissions and did not provide any substantive motivation for the grounds of appeal. The grounds advanced were general and amounted to mere disagreement with the court's conclusions, without demonstrating a reasonable prospect that another court would reach a different conclusion. The applicant failed to establish any prospects of success on appeal, and the...

Court Disposition

Application for condonation granted; application for leave to appeal dismissed; no order as to costs.

Orders

  • The applicant’s application for condonation for the late filing of his application for leave to appeal is granted.
  • The applicant’s application for leave to appeal is dismissed.