The background to the matter is that the employee approached the Labour Court on a damages claim against the employer despite the fact that the parties had entered into an agreement where they had settled their labour dispute vis what the employer owed the employee. When the matter was set down for hearing the employer defaulted giving rise to a default judgement in favour of the employee. The employer applied for rescission of the default judgement but its application was saddled with irregularities which the employee raised as points in limine. More
On the 28th of November 2022 the applicant was invited for a disciplinary hearing .He was alleged to have violated Part VI Group 4 of the National Employment Council for the Commercial Sector Employment Code of Conduct and Grievance Procedures (NECCS)( the code). He appeared for the hearing on 7th December 2022 before Designated Officer, one Ndingindi (Ndingindi). On 21st December 2022 Ndingindi made findings and convicted the applicant and penalized the applicant with dismissal. On the 23rd of December 2022 Ndingindi wrote the applicant withdrawing his letter of the 21st of December .On that same date the 23rd of... More
This is an appeal against an arbitral award wherein Appellant is arguing that the Arbitrator erred when he made a decision that Appellant was fairly dismissed which decision was not backed by any reason or explanation. More
The appellant was employed by the respondent as a receptionist when, on the 6th November 2012 she was suspended, on allegations of negligence in the course of her duties for a missing blank receipt number 23143. This was done in terms of the NECCS employment Code of Conduct. Following a disciplinary hearing, appellant was found guilty and dismissed. More
On record is a letter by 1st respondent’s Secretary (Minister) in terms of which she approved applicant’s (employee) retrenchment by 2nd respondent (employer) subject to certain terms and conditions. This was after the employer and employee deadlocked during their negotiations over the retrenchment package. Amongst the terms and conditions set by the Minister was that the employer would pay the employee service pay at the rate of 1 ½ months pay per each year of service. The employee was aggrieved by that condition. Accordingly she filed the present application for review of the Minister’s determination. More
