This appeal was dealt with on the record in terms of section 89 (2)(a)(i) of the Labour Act, [Chapter 28:01] (the Act). It is an appeal against an arbitral award handed down on 4 April 2014, in terms of which the appellant was ordered to reinstate the respondent without loss of salary and benefits, or pay him damages in lieu of reinstatement. More
This is an appeal by the appellant against his dismissal by the respondent. Before the appeal could be argued, the respondent raised three points in limine. These are that:
1. the matter was not properly before Court;
2. the appeal having been noted out of time, there was no application for condonation of such late filing of appeal out of time, and
3. no point of law was raised in the grounds of appeal
The first and most important issue is that the applicant was dismissed in terms of Statutory Instrument 130/2003 (S.I. 130/2003, “the regulations”) which was repealed and... More
The three respondents were employed by the appellant at various times and in various capacities. The first respondent was employed as a security guard in May 2011. The second respondent served as a receptionist/clerk with effect from June 2013 whilst the third respondent was employed as a general worker in January 2013. More
This is an application for review. The applicant seeks to have reviewed, the respondent’s decision to charge him with acts of misconduct.
The applicant was employed by the respondent. He alleges that he was retrenched from employment by the respondent. The respondent now seeks to charge him with acts of misconduct. The respondent challenges the applicant’s decision to charge him with misconduct after it had retrenched him. when the matter came up for hearing, both parties raised preliminary points. More
This judgment relates to an application for review and an appeal. These were heard as consolidated. In my judgment, I will start off with the common background facts, and then deal with the application for review and finally the appeal. More
