This is an appeal against the decision of the National Employment Council for the welfare and Educational Institutions, appeals committee.
Background
The respondent was engaged by the appellant as a Human Resources Officer. Allegations of misconduct were raised against her that she had misrepresented facts to Tear Fund. She was dismissed on 13 September 2021. The appellant (employer) stated that she had pleaded guilty to the allegations. She appealed to the appeals authority which set aside the dismissal penalty on procedural grounds and invited the parties to appear before it and make representation as to mitigation and aggravation. The respondent... More
This matter is an application for reinstatement of an appeal which was struck off the roll by Honourable Justice Makamure on 26 January 2015. The reasons for the order were delivered on 6 February 2015. The reasons given for the striking off were that there was no proper defendant cited, as the applicant had cited the Ministry of Agriculture which is not a legal persona at law. It was also observed that the applicant had raised grounds dealing with procedural irregularities which therefore qualified as grounds for review and not appeal. More
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
