The matter was placed before me as an appeal/cross-appeal against an arbitral award handed down by Honourable Mucheche on 28 October, 2010. For convenience the Appellant/Cross-Respondent shall be referred to as Appellant whereas the Respondent/Cross Appellant shall be referred as Respondent. More
The appellant was employed by the respondent as an Accounting Assistant. Following an audit carried out in the department where the appellant worked, he was charged with misconduct in that he had made fraudulent claims to the prejudice of the respondent. He was brought before a disciplinary committee which found him guilty and recommended his dismissal from employment. The appellant has appealed to this court against the decision to dismiss him. More
The matter was placed before me as an application for condonation and extension of time within which to file an appeal. I issued an order in February of 2024 dismissing the application for condonation. Request for reasons for the order was made. Here are my reasons for the order. More
Applicants applied to this Court for the reinstatement of an abandoned matter. The application was made in terms of Rule 46 of the Labour Court Rules, 2017. 1st respondent opposed the application More
The Appellant got engaged in the Respondent’s employ on 1 September 2012 after signing the offer letter on 16 July 2012. The letter specified that the Appellant was to begin work on 1 September 2012. The Appellant was given another contract to sign when he was already in employment. The Appellant refused to sign it and this began the legal tortuous route leading to his dismissal culminating in arbitration proceedings and finally to this Court. The Arbitrator ordered payment of damages in lieu of re-instatement. The Appellant is dissatisfied with the award and the Respondent is equally unhappy and has... More
