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[2018] ZALCJHB 12
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Lesedi Local Municipality v IMATU obo Members and Others (JR1695/16) [2018] ZALCJHB 12 (24 January 2018)
Not
reportable
THE
LABOUR COURT OF SOUTH AFRICA,
HELD
AT JOHANNESBURG
C
ase No: JR 1695/16
In
the matter between:
LESEDI LOCAL MUNICIPALITY
Applicant
and
IMATU OBO MEMBERS
First Respondent
COMMISSIONER
M N S DAWSON
(
NO
)
Second
Respondent
SOUTH
AFRICAN LOCAL
GOVERNMENT
BARGAINING
COUNCIL
Third Respondent
Delivered
:
24 January 2018
JUDGMENT
ON APPLICATION FOR LEAVE TO APPEAL
LAGRANGE
J
Introduction
[1]
This is an application for leave to appeal by the Lesedi Local
Municipality against the judgment handed down in this matter
on 7
September 2017 in a review application. I had dismissed the review
application it had brought mainly on the grounds of its
inexcusable
non-compliance with the various time frames for prosecuting a review.
[2]
It wishes to appeal that decision based on the alleged misdirection
of the arbitrator in deciding that the matter concerned
an unfair
labour practice rather than an interpretation and application of a
collective agreement, which it claims I failed to
give sufficient
consideration to.
[3]
In the judgment, I alluded to the misdirection, but expressed the
view that it might not have affected the outcome. I also found
that
even if the review might have some merit in relation to the
misdirection, the municipality’s completely apathetic conduct
of the review prosecution could not be excused.
[4]
Having considered the submissions of the parties, notwithstanding
that the municipality acted with the grossest negligence in
conducting the review, there is a possibility another court might
take a more indulgent view and entertain the review. Accordingly,
with great reluctance, I feel leave to appeal should be granted.
Order
[1]
Leave to appeal against the judgment handed down on 7 September 2017
in this matter is granted.
[2]
Costs shall be costs in the appeal
_______________________
Lagrange
J
Judge
of the Labour Court of South Africa