Member of the Executive Council: Police, Roads and Transport (Free State Provincial Government) v Public Service Co-Ordinating Bargaining Council and Others (JR2557/17) [2020] ZALCJHB 24 (5 February 2020)

Member of the Executive Council: Police, Roads and Transport (Free State Provincial Government) v Public Service Co-Ordinating Bargaining Council and Others (JR2557/17) [2020] ZALCJHB 24 (5 February 2020)

The court found that, despite the stricter test for appeals to the Labour Appeal Court, there are reasonable prospects that another court may come to a different decision, particularly regarding the period of delay in filing the condonation application. In the interests of clarity and fairness, leave to appeal should be granted to allow the applicant an opportunity to challenge the dismissal of its condonation application.

Citation
[2020] ZALCJHB 24
Parties
Applicant: Member of the Executive Council: Police, Roads and Transport (Free State Provincial Government); Respondent: Public Service Co-Ordinating Bargaining Council; Respondent: David Pietersen, N.O.; Respondent: POPCRU OBO RM Minnie
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 February 2020
Case Number
JR2557/17
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Condonation Application
Outcome
Leave to appeal granted.
Judges
IBW Lawrence
Legal Topics
Condonation, Leave to Appeal, Delay in Filing, Reasonable Prospects of Success
Labour Law Civil Procedure Condonation Leave to Appeal Delay in Filing Reasonable Prospects of Success

Case Brief

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Parties

Member of the Executive Council: Police, Roads and Transport (Free State Provincial Government)

Applicant

Public Service Co-Ordinating Bargaining Council

Respondent

David Pietersen, N.O.

Respondent

POPCRU OBO RM Minnie

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against the dismissal of its condonation application.
  2. 2 Whether the period of delay and the explanation provided justify the granting of condonation.
  3. 3 Whether another court may reasonably reach a different conclusion regarding the condonation application.

Ratio Decidendi

The court found that, despite the stricter test for appeals to the Labour Appeal Court, there are reasonable prospects that another court may come to a different decision, particularly regarding the period of delay in filing the condonation application. In the interests of clarity and fairness, leave to appeal should be granted to allow the applicant an opportunity to challenge the dismissal of its condonation application.

Court Disposition

Leave to appeal granted.

Orders

  • The applicant’s application for leave to appeal is granted.