AMCU obo Joseph Letshesa Manoto v Matsopa Minerals (Pty) Ltd and Others

The matter arose from the dismissal of Mr Joseph Letshesa Manoto, represented by AMCU. An arbitration award issued on 29 November 2019 by the CCMA found in favour of the employee. On review, the Labour Court on 18 November 2024 set aside the arbitration award and substituted it with a finding that the dismissal was substantively fair. AMCU, on behalf of the employee, subsequently applied for leave to appeal against that review judgment. The employer opposed the application. The court also dealt with and granted condonation for the late filing of the first respondent’s submissions.

The application for leave to appeal was dismissed. No order as to costs was made.

The judgment reaffirms the stringent threshold for granting leave to appeal in labour matters and underscores the Labour Court’s cautious approach in balancing finality and expedition against litigants’ rights to appeal. It illustrates the application of section 17(1) of the Superior Courts Act within the labour-law context, particularly following review proceedings.