This is an application for review, brought in terms of rule 20(1) of the Labour Court Rules, 2017 (Hereinafter the Rules). The following background facts provide the context for this application. More
This is an appeal against an arbitral award per Honourable Chitsa, which award was made in favour of Respondent through a dismissal of Appellant’s claim of constructive dismissal for lack of merit. The Arbitrator instead found that the Appellant having personally resigned was entitled to be paid her terminal benefits. It is necessary to set out the brief background. More
This matter was set down as an appeal against the guilty verdict and dismissal penalty which was meted out on appellant employee. On the hearing date the parties requested that the matter be determined based on the papers filed in IECMS. This judgment is therefore based on the papers filed in IECMS. More
This matter was set down as 2 applications in one that is, a chamber application for the dismissal of the employee’s appeal in terms of Rule 19 (3) (a) for want of filing Heads of Argument on time and an application for condonation of the late filing of Heads of Argument by the employee. More
Appellant alleges that the Arbitrator awarded damages without hearing evidence on the reasonable time it would have taken Respondent with reasonable diligence, to obtain alternative employment. Also that, the Arbitrator awarded damages when he had found that Respondent had not mitigated her loss. Further, that the Arbitrator had awarded 12 months damages which is a total of three distinct components. More
