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[2018] ZALCJHB 197
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Suid-Oos Belt Splicing CC v Oupa Strooi Motaung and Others (JR31/16) [2018] ZALCJHB 197 (15 May 2018)
IN
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not
reportable
Case
No: JR31/16
In
the matter between:
SUID-OOS BELT
SPLICING CC
Applicant
and
OUPA STROOI MOTAUNG
COMMISSIONER K.
MOLWELANG
COMMISSION FOR
CONCILIATION
MEDIATION
AND ARBITRATION
First
Respondent
Second
Respondent
Third
Respondent
Heard:
In chambers
Delivered:
15 May 2018
JUDGMENT
APPLICATION
FOR LEAVE TO APPEAL
JONES,
AJ
[1]
The unopposed application for review was dismissed in
an
ex tempore
judgment on 11 January 2017. Full reasons for the Court’s
order were provided in the
ex
tempore
judgment
and form part of the Court record for the day.
[2] A
copy of an application for leave to appeal dated 12 September 2017
was subsequently filed at court, requesting reasons for
the
judgment. No application for the condonation of the late filing
of the application for leave to appeal has been filed
to date.
There is also no proof of service on the respondents.
[3]
The matter appears not to have been dealt with by the Court at the
time as there was non-compliance with 15.1 of the Practice
Manual of
the Labour Court and the application was not served on the judge’s
secretary.
[4] On
or about 13 April 2018 a directive was sent to the Applicant from the
Labour Court, requesting compliance with the Practice
Manual.
To date the Applicant has not complied with the directive.
[5]
The application for leave to appeal should have been made within 15
days of the order on 11 January 2017. The reasons
for the order
were provided in the
ex
tempore
judgment.
The application for leave to appeal is accordingly out of time.
[6] As
there is no application for the condonation of the late filing of the
application for leave to appeal, this application is
not properly
before the Court and is hereby dismissed.
Order
[7] In the circumstances
I make the following order:
1.
The applicant’s
application for leave to appeal is dismissed.
2.
No order as to costs.
_______________________
Jones AJ
Acting Judge of the
Labour Court, South Africa