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2015
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[2015] ZALCJHB 267
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Modibedi and Others v Medupi Fabrication (Pty) Ltd (JS742/10) [2015] ZALCJHB 267 (13 August 2015)
THE
LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
JUDGMENT
Not
Reportable
Case no: JS742/10
In
the matter between
:
MODIBEDI
AND 205
OTHERS
Applicants
and
MEDUPI
FABRICATION (PTY) LTD
Respondent
Decided
in Chambers
Decided
on: 13 August 2015
JUDGMENT – LEAVE
TO APPEAL
TLHOTLHALEMAJE AJ
[1]
The applicants’ claim of an alleged unfair dismissal was
dismissed in a judgment handed down on 6 May 2014. The Notice
for
application for leave to appeal was served on the respondent and
filed on 15 September 2012. For reasons that cannot be explained,
the
application only came to my attention at the end of June 2015.
[2]
In terms of Rule 30 (3) of the Rules of this Court, (3) the
application for leave to appeal must be made within 10 days after
the
date on which the reasons are given, except that the court may, on
good cause shown, extend that period.
[3]
The respondent correctly raises preliminary points to the effect that
firstly, the application for leave to appeal is some 83
days out of
time, and secondly, that the applicants have not complied with
paragraph 15.2 of the Practice Manual of this Court
in that no
submissions were made in support of the application for appeal.
[4]
Fatal to this application however is that the applicants have not
filed an application for condonation for the failure to comply
with
the provisions of Rule 30 (3). Despite these defects having been
pointed out, no attempt was made by the applicants to rectify
them.
[5]
In the light of the above defects, there is as correctly pointed out
on behalf of the respondent, no proper application for
leave to
appeal before this Court. In these circumstances, the following order
is made;
Order:
i.
The
application for leave to appeal is dismissed with costs.
Tlhotlhalemaje AJ
Acting Judge of the
Labour Court of South Africa