The facts of this case are largely undisputed. Following suspicion that respondent had committed acts of misconduct, he was suspended without pay and benefits on 12 October 2009. The letter of suspension also invited respondent to attend a disciplinary hearing on 30 October 2009. Two charges were preferred against the respondent it being theft or fraud and failure to deposit subscriptions he received within the stipulated seven days. He was found liable and dismissed. Respondent referred the matter to the Ministry of Labour for conciliation. Conciliation failed and the parties subsequently More
This matter came before me as an application for stay of execution. The record reflects the applicant as Samson Makonde. By consent it was agreed to amend this erroneous citation on the record and court roll so that the applicant is correctly cited as COMTY ELECTRONICS RIBBON WORLD (PVT) LTD. Samson Makondeis only the manager representing applicant. More
The court is satisfied that this application has no merit for the following reasons:
1) The court correctly found that there was no lawful instruction and clearly articulated its reasons for stating so, thus a superior court is not likely to interfere with that finding.
2) The issue of clarity of charges was also adequately explained in the judgment.
3) Deliberation of what the correct charge should have been way after the employee had pleaded to the charge is indeed an abuse of disciplinary powers and the judgment explains in detail why the court formulated that opinion.
4) As the... More
This matter was set down as an appeal against the decision of the National Employment Council for the commercial sectors hereinafter referred to as the NECCS. Appellant had been found guilty of inciting fellow employees to be violent against the employer at a time when they were being given their salaries. The dismissal decision was arrived at in his default. He was aggrieved by the dismissal and appealed to the Local Joint Committee (LJC). More
This matter has a chequered history. It clearly depicts the fact that the wheels of justice move at a painfully slow speed. It has been pending since 2003. The matter has been afflicted by various applications, correspondence flying between the appellant’s legal practitioners and the 1st respondent with some of the correspondence exhibiting the use of intemperate language. Allegations of insincerity have been made by the 1st respondent against appellant’s legal practitioners. Letters were addressed to the Senior Judge of this court so that the learned judge could wade in and give some direction in the matter. Court applications have... More
