After hearing appellant’s legal practitioner on the issue of Respondent’s failure to attend court for this appeal hearing, I directed that the hearing proceeds in terms of Rule 37 (b) of this court’s Rules, Statutory Instrument 150 of 2017. More
This is an appeal against a determination of the National Employment Council for Welfare and Educational Institutions Appeals Committee (the Appeals Committee). The determination upheld the earlier decisions by the Disciplinary Committee and the Chief Executive Officer to dismiss Appellant. More
This is an appeal from a decision of a labour officer.
At the hearing of the matter before me, a point in imine was taken by the respondent who argued that the matter was never improperly before the arbitrator.
Reliance for this proposition was placed on the provisions of 101 (5) of the Act which provides as follows;
“notwithstanding this part, but subject to subsection (6), no labour officer shall intervene in any dispute or matter which is or is liable to be the subject of proceedings under an employment code, nor shall he intervene in any such proceedings.” More
This is an appeal against the dismissal of Appellant from the Respondent’s employ. Before the appeal could be argued, a preliminary issue was raised on behalf of the respondent. The issue raised is that grounds of appeal 1 to 6 and 8 do not raise points of law. It was submitted on behalf of the respondent that these grounds are not properly before the court. The respondent also submitted that there has not been an allegation that there was a misdirection on the part of respondent. Authorities were cited in support of this submission. More
This matter was set down as an application for interim relief that is to have the arbitral award made in favour of the respondentemployees suspended pending the appeal noted by the applicantemployer. Judgment was reserved on the understanding that before the reserved date parties would file with the court further submissions on issues they felt needed further clarification. When such was not forthcoming the court proceeded as prayed for by the parties that judgment could be arrived at based on the papers filed of record.
The main contention in this matter is that the employer is of the view that... More
