Applicant states that she was placed on indefinite suspension if one has regard to the time it took the respondent to conclude her matters. It is her view that such conduct was in breach of section 6(2) (b) of the National Code which is imperative that the disciplinary proceedings if commenced should be concluded within 14 days. In response to this the respondent argued that applicant was the author of her own misfortune in that she delayed in availing the documents which were needed to conclude the audit. A reading of the record however shows that the whole delay could... More
At the end of hearing the partiesarguments we dismissed the appeal in its entirety with costs, and indicated that our reasons would follow in due course. More
This is an application for condonation of late filing of an application for leave to appeal to the Supreme Court by Jonathan Tavarwisa (Applicant).
In terms of Rule 36 of the Labour Court Rules SI 59/2006 (The Rules) a party wishing to appeal to the Supreme Court against a Labour Court decision, shall file an application for leave to appeal with the Labour Court within 30 days of the date of the judgment to be appealed against. More
On 9 December 2015 interim relief was granted in favour of the appellant employer so that the main appeal could be finalised. Since then nothing happened to the matter suggesting that there is no interest to have the appeal concluded. This has occasioned this court to invoke provisions of Section 89 (2) (a) (1) to dispose of the appeal on the papers. More
