Appellant who was in Respondent’s employ as a Cutting Room Supervisor and dismissed for gross incompetence or inefficiency (Clause 3(j)(Serious Misconduct) of the Clothing Industry Code of Conduct SI 132 of 1994) More
This is an appeal against the decision of the National Employment Council for the banking undertaking’s appeals board.
The Respondent was employed by appellant at its operations centre as a data input clerk. She was charged in the main for any serious act, conduct or omission inconsistent with fulfillment of the express or implied conditions oh her contract” as provided for under category “D” section 11(1) of the applicable code of conduct under S.I. 273/00, and alternatively breaching category “D” section 11(5) namely ‘fraud’. More
This is an application for leave to appeal to the Supreme Court a
decision of this Court handed down on 24 January 2020.
In considering applications of this nature, the court must consider whether
the applicant has reasonable prospects of success on appeal. See the case of Mendson Mjulumba Mpofu v National Social Security Authority SC 72/15. Further, for the application to succeed, it must be on points of law as is required by section 92F (1) of the Labour Act [Chapter 28:01] (the Act). More
The employee was charged with and convicted of two counts of “any serious act; conduct or omission inconsistent with the fulfilment of the express or implied conditions of his contract in terms of the relevant code of conduct. It was specifically alleged that the employee had on two occasions encashed a total of US $2 590.00 and also facilitated encashment of US $1 000.00 by signing on the withdrawal slip without the necessary mandate to do so. The employee had been employed in the employer’s NGO branch which served employees of non-governmental organizations (NGO’s) who were the Bank’s customers. These... More
