Solidarity v Luvhomba Group (Pty) Ltd (J1674/15) [2016] ZALCJHB 495 (18 July 2016)

Solidarity v Luvhomba Group (Pty) Ltd (J1674/15) [2016] ZALCJHB 495 (18 July 2016)

The application for leave to appeal was dismissed because the applicant failed to comply with the Labour Court Practice Manual by not providing a transcript of the ex tempore judgment. The court had previously notified the applicant of this requirement and indicated that no further attention would be given to the matter until compliance. The applicant ignored this directive. The court exercised its discretion under section 162 of the Labour Relations Act to award costs against the applicant, finding that the interests of law and fairness justified such an order.

Citation
[2016] ZALCJHB 495
Parties
Applicant: Solidarity obo N J Zihali; Respondent: Luvhomba Group (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 July 2016
Case Number
J1674/15
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Ex Tempore Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
Van Niekerk
Legal Topics
Leave to Appeal, Court Practice Manual, Costs Award
Labour Law Civil Procedure Leave to Appeal Court Practice Manual Costs Award

Case Brief

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Parties

Solidarity obo N J Zihali

Applicant

Luvhomba Group (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Ex Tempore Judgment

Legal Issues

  1. 1 Whether the application for leave to appeal should be entertained in the absence of a transcribed judgment.
  2. 2 Whether the applicant's failure to comply with the practice manual justifies dismissal of the application with costs.

Ratio Decidendi

The application for leave to appeal was dismissed because the applicant failed to comply with the Labour Court Practice Manual by not providing a transcript of the ex tempore judgment. The court had previously notified the applicant of this requirement and indicated that no further attention would be given to the matter until compliance. The applicant ignored this directive. The court exercised its discretion under section 162 of the Labour Relations Act to award costs against the applicant, finding that the interests of law and fairness justified such an order.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed, with costs.