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[2019] ZALCJHB 279
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Chauke and Others v Capricorn District Municipality (J1701/18) [2019] ZALCJHB 279 (11 October 2019)
IN
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case No: J1701/18
In the matter between:
R.T. CHAUKE AND 8
OTHERS
Applicants
and
CAPRICORN DISTRICT
MUNICIPALITY Respondent
Considered: In
Chambers
Delivered:
11 October 2019
JUDGMENT-
APPLICATION FOR LEAVE TO APPEAL
LALLIE,
J
[1]
This is an application for leave to appeal against the judgment which
was handed down
on 5 April 2019. It was filed outside the 15 day
period envisaged in Rule 30(2) of the Labour Court Rules
[1]
and the respondent sought condonation. The condonation application is
unopposed. Having considered it I am satisfied that the respondent
has shown good cause. The delay should in the circumstances be
condoned.
[2]
The application for leave to appeal is also unopposed. For the
application to succeed
the respondent has to show that it has
reasonable prospects of success on appeal
[2]
.
Having considered the grounds and submissions the respondent sought
to rely on I am convinced that it did not establish prospects
of
success on appeal.
[3]
In the premises, the following order is made:
Order
1.
The late filing of the application for
leave to appeal is condoned.
2.
The application for leave to appeal is
dismissed.
____________________
Z. Lallie
Judge
of the Labour Court of South Africa
[1]
“
(2)
If leave to appeal has not been made at the time of judgment or
order, an application for leave must be made and the grounds
for
appeal furnished within 15 days of the date of the judgment or order
against which leave to appeal is sought, except that
the court may,
on good cause shown, extend that period.”
[2]
Seatlholo
and Others v Chemical Energy Paper Printing Wood and Allied Workers
Union and Others
17