LABOUR LAW – FAILURE TO PROSECUTE APPEAL WITHIN 90 DAYS – APPLICATION FOR REINSTATEMENT, CONDONATION, AND EXTENSION OF PERIOD TO PROSECUTE APPEAL

LABOUR LAW – FAILURE TO PROSECUTE APPEAL WITHIN 90 DAYS – APPLICATION FOR REINSTATEMENT, CONDONATION, AND EXTENSION OF PERIOD TO PROSECUTE APPEAL

The applicants in this matter noted an appeal on 7 December 2020 against the arbitrator’s ruling dated 30 November 2020. The appeal had to be prosecuted within 90 days from the date that it was noted, or else it would lapse on 7 March 2021. The applicants failed to prosecute the appeal within the stipulated time period and filed an application for the reinstatement, condonation, and extension of the period for the prosecution of the appeal. The respondents opposed the appeal as well as the applications for reinstatement, condonation, and extension.

OOSTHUIZEN J considered the applications and held that:

1. The applicants failed to give a detailed explanation for the entire period of the delay. The applicants foresaw that the record would not be received in time and that the application would not be lodged within the prescribed period. The applicants rather than seeking an extension at an earlier stage waited until such an appeal had lapsed. The explanation provided by the applicants regarding the delay was not satisfactory.
2. In light of the arbitrator’s ruling and the considerations noted in coming to such a ruling, I am satisfied that no other court would come to a different conclusion and interfere with the arbitrator’s decision.

In the result, the applications for reinstatement, condonation, and extension were dismissed.

Leonard v Namibia Ports Authority (Pty) Ltd NALCMD 23 September 2022