At the onset of oral argument in this Court respondent raised points in limine,
The points are set out in its opposing affidavit thus,
“Point in Limine
a.Defective Notice of Appeal
The Respondent submits that there is no Notice of Appeal before the Honourable court for want of non-compliance (sic) with the Rules of this Court.
The Labour Court Rules, SI 150/2017 clearly stipulates that the Notice of Appeal should be in Form LC 4 and this Form LC 4 is clearly provided for
The Appellant in clear contravention of the Rules of Court, went on to manufacture his own... More
An application for stay of execution of an arbitral award was placed before me. It was not opposed. The referral minute from the Registrar’s Office stated:
“For your consideration is an urgent application for stay of execution in terms of Section (Rule) 34 of the Labour Court Rules S.I. 59/2006 ... no comments have been filed despite proof of service on the respondent.”
The application was therefore treated as an unopposed matter and the relief sought was accordingly granted. More
Appellant who was employed by respondent was dismissed on 2 September 2013 after a disciplinary hearing. The letter of dismissal advised him that if he was aggrieved by the decision of the disciplinary Committee, he may appeal in writing to the Appeals Committee through the Human Resources Office within three working days of receipt of the determination. More
This is an application in terms of Rule 19(3)(a) of the Labour Court Rules, 2006.
The Applicant submitted that in terms of the said Rules of Court the Appellant was supposed to file within 14 days of filing of the notice of response, its heads of argument. It was submitted further that the Respondent filed their notice of response on 15th July 2013 and it was served on the Appellant on the 16th July 2013. The Respondent failed to file its heads as required by the Rules of Court and is thus barred. The appeal in the main matter should... More
The Respondent was employed by Appellant as a Store man. He was suspended on full pay on 24 May, 2011 pending investigations into allegations that he committed various acts of dishonesty. The allegations were that he acted as an accomplice to theft by assisting an employee of a neighboring company to store stolen goods in Appellant’s premises. He was arraigned for an internal disciplinary enquiry on 4 November, 2011. More
