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[2020] ZALCJHB 24
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Member of the Executive Council: Police, Roads and Transport (Free State Provincial Government) v Public Service Co-Ordinating Bargaining Council and Others (JR2557/17) [2020] ZALCJHB 24 (5 February 2020)
IN THE LABOUR COURT OF
SOUTH AFRICA, JOHANNESBURG
Not
Reportable
Case
No: JR2557/17
In the matter between:
MEMBER
OF THE EXECUTIVE COUNCIL:
POLICE,
ROADS AND TRANSPORT
(FREE
STATE PROVINCIAL GOVERNMENT)
Applicant
and
PUBLIC
SERVICE CO-ORDINATING
BARGAINING
COUNCIL
First
Respondent
DAVID
PIETERSEN,
N.O.
Second
Respondent
POPCRU
OBO RM MINNIE
Third
Respondent
Decided:
In Chambers
Delivered:
05 February 2020
_____________________________________________________________________
JUDGMENT:
APPLICATION FOR LEAVE TO APPEAL
LAWRENCE, AJ
[1]
The Applicant in this matter seeks leave to appeal against my
ex-tempore
judgment handed down on 18 July 2019.
[2]
The Application for Leave to Appeal is not opposed by the Third
Respondent.
[3]
The Applicant’s grounds of appeal relate to my order dismissing
the Applicant’s
Application for Condonation with costs.
[4]
The Applicant avers that the delay of 14 (fourteen) days is not
substantial and the
explanation for the delay, coupled with the fact
that the Third Respondent had been dismissed for gross dishonesty
ought to have
compellingly justified the granting of condonation.
[5]
There are a number of other submissions that the Applicant has raised
in its application
for leave to appeal, which I do not intend
traversing in this Judgment.
[6]
Although the Labour Appeal Court (LAC) has previously held in
Martin
And East (Pty) Limited v National Union Mineworkers and Others
[1]
that
a stricter test is applicable for appeals to the LAC, I do believe
that in the interest of clarity and fairness, there are
reasonable
prospects that another Court may come to a different decision
particularly in respect of the period of delay.
[7]
In the circumstances, I make the following order:
Order:
1.
The Applicant’s application for leave
to appeal is granted.
__________________
IBW
Lawrence
Acting
Judge of the Labour Court of South Africa
[1]
[2014]
35
ILJ
2399 (LAC).