This matter was placed before me as an application for review. It was filed pursuant to Rule 14 of the Labour Court Rules, 2017. The application is opposed. The Respondent party was directed by the Court on the date of hearing, and duly filed its Notice of Response and Heads of Argument on the 15 June, 2022. The parties thereafter requested the court to hand down its judgment based on their written submissions. More
The Appellant was employed by the Respondent as the Chief Assayer. Part of his duties included keeping safe and secure samples received in the assay laboratory from various mines. It was also not in dispute that a spare key to the safe had been missing for in excess of seventeen years and had never been found. On the 10th of May, 2012 the Appellant in the company of two others, opened the safe and discovered that nine gold bullion samples were missing. The Appellant had been asked to release the gold bullion samples in question. The Appellant had no idea... More
It was Appellant’s submission that the notice of appeal was filed and served on the Respondent on the 15th October, 2015. Respondent was required, in terms of the Rules to file his response within 14 days to wit by the 4th November, 2015. Respondent filed his response on the 6th November, 2015 i.e. 2 days out of time.
Respondent did not apply for condonation of late filing of the response neither did he give an explanation for the late filing. More
At the onset of oral argument in this Court respondent raised 2 (two) points in limine which applicant opposed.
The points shall be dealt with ad seriatim More
This is an appeal against an award quantifying damages to be paid to respondent. Respondent was employed by the appellant and was dismissed. The arbitrator ruled that the dismissal was unlawful and he should be reinstated. Appellant did not reinstate respondent and did not appeal against the award. Respondent approached the arbitrator for quantification of damages. In calculating damages the arbitrator stated;
“In my own opinion the period within which the complainant can be reasonably expected to find alternative employment is 12 months considering the unemployment level in the country.” More
