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Association for Mine Workers and Construction Union (AMCU) …

Association for Mine Workers and Construction Union (AMCU) and Others v Oil Separation Services Northern Province CC (JS815/16) [2017] ZALCJHB 66 (21 February 2017)

35 Reportability

Labour Law

Brief Summary

Labour Law — Leave to appeal — Application for leave to appeal against dismissal of condonation for late filing of statement of claim — Applicants failed to demonstrate reasonable prospects of success on appeal — Application dismissed with costs. The Applicants sought leave to appeal against a judgment dismissing their application for condonation for the late filing of their statement of claim, which also ordered them to pay costs. The Respondent opposed the application, arguing it should be heard in open court, but the Judge determined it could be resolved in chambers. The legal issue was whether the Applicants had reasonable prospects of success in their appeal. The court held that the application for leave to appeal was ill-considered, lacking reasonable prospects of a different conclusion, and dismissed the application, ordering the First Applicant to pay the costs.

Full Judgment Text (Click to expand)

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[2017] ZALCJHB 66
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Association for Mine Workers and Construction Union (AMCU) and Others v Oil Separation Services Northern Province CC (JS815/16) [2017] ZALCJHB 66 (21 February 2017)

IN
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
JUDGMENT
Not
Reportable
Case
no: JS815/16
In
the matter between:
ASSOCIATION FOR MINE
WORKERS AND
CONTRUCTION UNION
(“AMCU”) First

Applicant
THE AMCU MEMBERS AS
PER ANNEXURE “A1”      Second-Further
Applicants
and
OIL SEPARATION
SERVICES NORTHERN PROVINCE CC                 Respondent
Decided
in chambers
Delivered:
21
February 2017
RULING
– LEAVE TO APPEAL
TLHOTLHALEMAJE,
J
[1]   Judgment
was delivered on 11 January 2017 in terms of which the Applicants’
application for condonation
for the late filing of their statement of
claim was dismissed. The First Applicant was also ordered to pay the
costs of that application.
[2]   The
Applicants have since filed an application for leave to appeal
against the whole of that judgment and order.
The application for
leave to appeal is vehemently opposed by the Respondent.
[3]   I
have had regard to the Respondent’s request, that this
application should be argued in open court.
I however hold the view
that in the light of the material placed before the Court, this
application can be disposed of in chambers.
[4]   Having
reflected on my judgment, and further having had regard to the
application for leave to appeal and the
opposition thereto, I am not
satisfied that there are reasonable prospects that the Labour Appeal
Court might came to a different
conclusion than that arrived at in my
judgment.
[5]   This
application for leave for leave to appeal is in my view
ill-considered and the requirements of law and
fairness dictate that
the First Applicant should be burdened with its costs.
[6]   In
the premise, I make the following order:
1.    The
application for leave to appeal is dismissed;
2.    The
First Applicant is to pay the costs of this application.
[7]
Edwin
Tlhotlhalemaje
Judge
of the Labour Court of South Africa

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