This is an application for upliftment of bar and condonation of late filing of heads of argument.
The applicant filed an appeal with this court on 17 May 2013. On 5 June 2013 the respondent filed its response. In terms of r 19(1)(a) of the Labour Court Rules S I 59 of 2006, the applicant was supposed to file its heads of argument within fourteen days of receiving the response from the respondent. The failure to comply with r 19(1)(a) has resulted in the applicant being barred in terms of r 19(3)(b). More
This is an appeal against two interim awards and a quantification award. Appellant was employed by respondent in the human resources department. On 14 January 2010 she was dismissed from employment for misconduct. She appealed against her dismissal. On 16 December 2011 this Court set aside her dismissal and ordered respondent to conduct a re-hearing on penalty. Pending the outcome of the re-hearing, appellant was to remain on suspension without pay and benefits. More
This is an appeal against a determination by the Chairperson of the Appeals Committee which determination was handed down on 15 October 2020. The material background facts to the matter are as follows;
The three Respondents in this matter were all employed by the Applicant. They were all separately charged with an act of misconduct namely “gross negligence” under and in terms of the relevant Code of Conduct for the Printing and Packaging Industry. More
This judgment concerns a matter which has a sad and long history of it being dealt with piecemeal in the sense that it has had more than one judgment handed down on it based on its technical niceties of compliance with the rules in one respect or the other. Resultantly the merits of the main appeal have not been attended to yet the matter has been enrolled more than six times since 2012 to date all on technical niceties thus creating unnecessary backlog for the Labour Court. More
The employee filed with the court an application for reinstatement of her appeal which had been struck off for non compliance with the rules. The employer objected to the approach adopted by the employee. It reasoned that the employee had to seek condonation for late filing of appeal if she was now in a position to regularise her papers.
The employee persisted that her understanding of the rules was that she could bring up a reinstatement application. The law is clear in practice direction 3 (a) that once the matter has been struck off it can be resuscitated if the... More
