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
The factual background of this matter is generally common cause. It is this:-
- that Appellant was engaged on a renewable 3 month fixed term contract. After every 3 months the contract will be renewed.
- that upon its termination on 31st July 2011 Appellant had been in Respondent’s employ for 11 continuous years on the same terms and conditions of 3 months fixed term contracts.
- that Appellant was given a verbal 5 minutes notice of termination.
Aggrieved by the Respondent’s non-renewal of
his contract, Appellant approached the Designated Agent (D/A) who issued a certificate of no settlement. More
On 20th December 2010 the Honourable P Shawatu made an arbitration award. In terms thereof he ordered Appellant to reinstate Respondents’ employment or alternatively to pay them damages for loss of employment. Appellant then appealed to this Court against the award. More
