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[2018] ZALCJHB 118
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Van Eeden v Hyprop Investments Limited and Others (JR2519/15) [2018] ZALCJHB 118 (15 March 2018)
IN
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not
reportable
Case
No: JR2519/15
In
the matter between
NATASJA
VAN
EEDEN
Applicant
and
HYPROP
INVESTMENTS
LIMITED
First Respondent
WW
FERREIRA
N.O.
Second Respondent
CCMA
Third Respondent
Heard:
In Chambers
Delivered:
15 March 2018
JUDGMENT
– LEAVE TO APPEAL
MONI.
AJ
[1]
This is an application for leave to appeal
by the appellant, and application for condonation and cross appeal by
the respondent
against the judgment of this court handed down on 22
November 2017. The appellant’s application is opposed.
[2]
In the circumstances wherein the
respondent’s reply was due during the festive season and was
not opposed, the condonation
application is granted.
[3]
Having considered the grounds for leave to
appeal and cross appeal, I conclude that both applications lack
reasonable prospects
of success or some other compelling reason why
the matter should be referred to the Labour Appeal Court.
Order
In
the premises the following order is made:
1.
The respondent’s application for
condonation is granted;
2.
The appellant’s application for leave
to appeal is dismissed;
3.
The respondent’s application for
leave to appeal only if the appellant’s application is granted
is dismissed;
4.
There is no order as to costs.
_____________________
N Moni
Acting
Judge of the Labour Court
Submissions:
For
the Applicant:
Du Pre Le Roux Attorneys
For
the Respondent:
Larry Dave Inc.