This is an appeal against the decision of the Appeals Board for the National Employment Council for the Banking Undertaking (NEC Appeals Board), which reversed Appellant’s Disciplinary Committee’s decision to dismiss Respondent from employment after it found him guilty of misconduct in terms of the applicable NEC Code of Conduct. More
This is an appeal against an arbitral award.
The respondent was employed by the appellant since 2004 as a general hand/day guard until May 2014 when he resigned. On 5 January 2015, the respondent lodged a complaint of underpayment of wages, non-payment of overtime and for public holdings worked with the National Employment Council for the Transport Operating Industry. Failing settlement, the dispute was referred to arbitration. More
The Appellant’s grounds of appeal are that the Arbitrator erred when he concluded that there was no constructive dismissal of the Appellant. The Appellant prayed that the Award be substituted with the following;
“Appellant be hereby held to have been constructively dismissed and Respondent be ordered to
(1) Pay punitive damages and all outstanding salary arrears including all benefits.
(2) Should parties agree reinstate Appellant without loss of salary and benefits.”
The Respondent on the other hand told the court that the appellant had not raised any point of law as provided for in Section 98 (10) of the Labour... More
This is an appeal against part of an arbitral award issued on
29 August 2013. In the award, it was ruled that the respondent was not unfairly dismissed. It was ruled that the respondent be refunded the amount of US$950.00 that was paid to the appellant for the use of water and electricity.
It is against that part of the award that ordered refund of the sum of US$950.00 that this appeal has been noted. More
