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[2018] ZALCJHB 157
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Cullin Diamond Mine (Pty) v CCMA and Others (JR2061/2010) [2018] ZALCJHB 157 (19 April 2018)
THE LABOUR COURT OF
SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case
no:
JR
2061/2010
In
the matter between:
CULLINAN
DIAMOND MINE (PTY)
LTD
Applicant
and
CCMA
AND
OTHERS
Respondents
Heard
:
In Chambers
Delivered:
19 April 2018
JUDGMENT –
APPLICATION FOR
LEAVE TO APPEAL
MOSHOANA,
J
[1]
This is an application for leave to appeal
against the judgment of this court handed down on 08 February 2013.
The application for
leave to appeal stands unopposed. The application
was filed out of time. A condonation application was only filed after
the registrar
advised the applicant for leave that the application
shall not be entertained without a condonation application. The
application
for condonation was opposed.
[2]
Having considered the grounds for leave to
appeal, I come to the conclusion that the application has reasonable
prospects. Another
court may reasonably come to the conclusion that
re-instatement as a remedy ought not to have been interfered with as
ordered by
the arbitrator. Given the reasonable prospects of success,
condonation ought to be granted.
Order
1.
Condonation for the late filing of the
application for leave to appeal is granted.
2.
The application for leave to appeal is
hereby granted.
_______________________
GN Moshoana
Judge
of the Labour Court of South Africa
Appearances
For the Applicants:
Mr G van den Berg
Instructed by:
Gideon Van Den Berg Inc, Pretoria.
For the Respondents:
Helena Strijdom
Instructed by:
Helena Strijdom Attorneys.