South Africa: Johannesburg Labour Court, Johannesburg

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