Taole v Impala Platinum Ltd and Others (JR 822/15) [2021] ZALCJHB 222 (10 August 2021)

Taole v Impala Platinum Ltd and Others (JR 822/15) [2021] ZALCJHB 222 (10 August 2021)

The application for leave to appeal is dismissed because it is late and does not comply with the requirements of Rule 9 of the Labour Court Rules. The grounds of appeal raised by the applicant were not canvassed in the review proceedings nor considered in the judgment. Furthermore, by participating in the remitted arbitration proceedings, the applicant has waived the right to appeal and acquiesced in the judgment, invoking the principle of peremption. The court will not entertain an appeal from a party who has already complied with the judgment. Accordingly, the application for leave to appeal is dismissed.

Citation
[2021] ZALCJHB 222
Parties
Applicant: Retselisitsoe Lehlohonolo Taole; Respondent: Impala Platinum Ltd; Respondent: Commissioner Bonge Masote N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
10 August 2021
Case Number
JR 822/15
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 10 May 2017.
Outcome
Application for leave to appeal dismissed.
Judges
Mthombeni
Legal Topics
Leave to Appeal, Condonation, Peremption, Representation at Arbitration, Arbitration Award
Labour Law Civil Procedure Leave to Appeal Condonation Peremption Representation at Arbitration Arbitration Award

Case Brief

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Parties

Retselisitsoe Lehlohonolo Taole

Applicant

Impala Platinum Ltd

Respondent

Commissioner Bonge Masote N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 10 May 2017.

Legal Issues

  1. 1 Whether the application for leave to appeal complies with Rule 9 of the Labour Court Rules.
  2. 2 Whether the applicant has waived the right to appeal by participating in the remitted arbitration proceedings.
  3. 3 Whether the principle of peremption applies to bar the appeal.

Ratio Decidendi

The application for leave to appeal is dismissed because it is late and does not comply with the requirements of Rule 9 of the Labour Court Rules. The grounds of appeal raised by the applicant were not canvassed in the review proceedings nor considered in the judgment. Furthermore, by participating in the remitted arbitration proceedings, the applicant has waived the right to appeal and acquiesced in the judgment, invoking the principle of peremption. The court will not entertain an appeal from a party who has already complied with the judgment. Accordingly, the application for leave to appeal is dismissed.

Court Disposition

Application for leave to appeal dismissed.

Orders

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