By a letter dated the 12th December 2011 Appellant was notified of a disciplinary hearing where he was to answer a charge of gross negligence or wrongful act or omission that causes loss to the employer, accident, injury, or death at work.
This was in terms of schedule 4 sub clause 16 of The Collective Bargaining Agreement: Chemical and Fertilizers Manufacturing Industry S.I. 31 of 2011(THE CODE) More
This matter had been initially set down in terms of rule 19(3) (a) of this court’s rules. Respondent had not filed heads of argument. Appellant filed his heads of argument on 27 August 2012. Respondent only filed its heads of argument on 27 March 2013. Appellant had not served his heads of argument upon the Respondent. Respondent is according not barred. Both parties consented to arguing the matter on the merits and I proceeded to hear their submissions on the merits. More
This is an application for condonation of late noting of an appeal to the labour court at the applicant employee’s instance. This application follows the employee’s failure to appeal to the labour court following his dismissal by the mission hospital. The hospital and the health services board are both opposed to the grant of condonation relief. More
This is an appeal against a decision of an arbitrator declining jurisdiction in a matter before him on the basis that the issue brought before him was subject to proceedings before this court.
The appellant was employed by the respondent as a Regional Manager. Following allegations of misconduct the appellant was called for a disciplinary hearing. The appellant refused to attend the hearing on the basis that his representative, one Mr Chingoka, was not available. The hearing proceeded and he was found guilty and was dismissed in absentia. An internal appeal was not successful. The appellant subsequently referred the matter... More
