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[2018] ZALCJHB 10
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Mathebula v General Public Service Sectoral Bargaining Council and Others (JR220/13) [2018] ZALCJHB 10 (24 January 2018)
Not
reportable
THE
LABOUR COURT OF SOUTH AFRICA, HELD AT JOHANNESBURG
C
ase No: JR 220/13
In
the matter between:
MAGUMENI PHILEMON MATHEBULA
Applicant
and
GENERAL
PUBLIC SERVICE
SECTORAL BARGAINING COUNCIL
First
Respondent
SELLO NKURUMAH MOIMA
N.O
Second
Respondent
DEPARTMENT
OF AGRICULTURE
RURAL
DEVELOPMENT AND LAND
ADMINISTRATION
Third Respondent
Delivered
:
24 January 2018
JUDGMENT
ON APPLICATION FOR LEAVE TO APPEAL
LAGRANGE
J
Condonation
Application
[1]
The application for leave to appeal was filed late but having regard
to the extent of the delay, the reasons for the delay and
the absence
of any demonstrable prejudice to the respondents, who have neither
opposed the condonation application nor the application
for leave to
appeal, there is no reason not to grant condonation.
[2] Having regard to the merits of the
appeal and the decision of the LAC in Glencore Holdings (Pty) Ltd &
another v Sibeko
& others (2018) 39 ILJ 138 (LAC ) there is
reasonable prospect a court might come to a different conclusion and
accordingly
leave to appeal should be granted.
Order
[1]
Condonation for the late filing of the application for leave to
appeal is granted.
[2]
Leave to appeal against the judgement in this matter handed down on
19 January 2017, including leave to appeal against the order
of
costs, is granted.
[3]
No order is made as to costs.
_______________________
Lagrange
J
Judge
of the Labour Court of South Africa