This is an application for rescission of a judgment that was granted by this court on 17 September 2012. The judgment was granted in favour of the respondent after applicant failed to file its Heads of Argument within the time limit required by the Labour Court Rules. More
The respondent was employed on a fixed term contract basis by the appellant.
The appellant was arrested by the police in relation to some criminal charges. He stopped reporting for duty as a consequence of his arrest.
The contract of employment which was a fixed term contract expired and the appellant did not renew it.
When the respondent eventually reported for duty, he argued that the employer had unlawfully terminated his contract of employment as he had a legitimate expectation to have his contract renewed and further the employer had employed someone in his stead. More
The brief history of this matter is that the respondent was employed as a chief security officer from August 2008 to 13 August 2015. He was suspended and dismissed from work on charges of misconduct. It is alleged that he failed to control illegal panning and it was alleged that he also failed to execute his major duty of safeguarding the company assets by allowing illegal panning.
The respondent appealed to the arbitrator alleging unfair dismissal. More
This is an appeal against the determination, handed down in terms of Section 63 (3a) of the Labour Act [Cap 28:01] (hereafter referred to as the Act) by the Designated Agent of the National Employment Council for the Mining Industry, Mr V. Tasiyana. The determination was handed down on 14 March 2022. More
