This matter arose from the change of ownership from BP and Shell Private Limited to the Appellant as a going concern with a clause inserted in the agreement guaranteeing the conditions of service of the employees. It is alleged the said clause was violated by the Appellant. After initial attempts to resolve the matter failed, it was referred to compulsory arbitration. More
The respondent was employed by the appellant on a fixed term contract valid for a year – from January 2013 to December 2013. During the course of her employment she applied for maternity leave. Such maternity leave was granted for the period November 2013 to 31 January 2014.
When the contract expired by the effluxion of time while respondent was still on leave, appellant advised her of the same. The appellant also advised the respondent that her contract would not be renewed. The respondent challenged the non-renewal of her contract. Her challenge was based on the fact that she had... More
- Appellant was employed by the respondent as its Operations Manager at Avenues Clinic.
- On the 4th of June 2015 appellant was suspended from work without salary and benefits.
- Appellant was eventually charged with theft or fraud in terms of Section 4 (a) “Any act of conduct on omission inconstant with the fulfillment of the express or implied conditions of his or her contract”. The charges were based on allegations that the appellant had encashed leave days in excess of the available leave days and also that she had defrauded the company of US$5 520,00. More
This is an appeal against an arbitral award which dismissed appellant’s claims against the respondent. Appellant was employed by respondent from 2 May 2009 to 7 April 2015 when he was dismissed following charges of misconduct. Appellant was a till operator. After his dismissal appellant made a claim of alleged under payment of wages and non-payment of overtime. The arbitrator dismissed the claim on the basis that appellant had failed to prove his claim. Appellant was disgruntled and filed this appeal. More
