This is an appeal from an arbitral award. At the onset of the proceedings counsel for the Respondent raised a point in limine that there is no appeal before this court. He submitted that an appeal to this court in matters of this nature lies on a point of law in terms of Section 98(10) of the Labour Act (Chapter 28:01). Counsel for the Respondent submitted that the grounds of appeal as raised by the Respondent raises no points of law and the matter should be struck off the roll. More
In an appeal to this court the respondent raised points in limine mainly to the effect that the appeal before the court was improperly before it. This is so taking into account the fact that the appellant changed the appeal grounds that she used when she lodged her application for condonation of late filing of appeal. Rule 22(2) Labour Court rules makes it clear that the condonation application shall have the draft notice attached to it. The essence in so attaching the draft is for the court to be able to glean whether or not it is a merited appeal... More
The brief facts are that Appellant was employed by the Respondent as a forester. His duties involved raising invoices on work done. Appellant raised invoices for work which was either not done at all or if done not properly done. Invoices were raised and paid for work allegedly done on compartment 045. In reality no work was done on that compartment. He also raised invoices for work done on compartment number Nyr108 when certain corrections needed to be done on that compartment. Invoices were only to be raised on satisfactory completion of work done. As a result Appellant was charged... More
