This is an application for review in terms of Rules 20 of the Labour Court Rules, 2017.
The reasons for writing this judgment are the developments that took place in this matter.
The present application was filed by one Austin Ndota on 10 January 2025 and it has cited Martin Manyika as the Second Respondent. The decision of the said Martin Manyika purportedly issued on 18 December 2024 is attached to the application for Review. The application is prefaced thus:
“Please take Notice that the Applicant hereby applies for review of proceedings and the resultant determination by a Designated Agent... More
This is an application for the reinstatement of a matter onto the roll. It is opposed.
It appears common cause that there are various matters connected to the present matter. This presentation was deemed abandoned after the applicant failed to comply with Rule 46 of the rules of this Court. More
Appellant was Headmaster of Borrowdale Primary School having taken over in November 2009, He was charged with several counts of a misconduct and the Disciplinary Authority deemed it fit to impose a penalty of dismissal. The Disciplinary Committee had however recommended that he be fined USD200.00 to be deducted in two instalments and further that he be warned and cautioned. He is dissatisfied with both the conviction and penalty and seeks redress in this Court. More
This is an application for quantification of damages. This is pursuant to a court order that:
“The respondent be and is hereby ordered to reinstate the appellant to his post with no loss of salary and benefits with effect from date of dismissal. In the event that reinstatement is no longer possible, the respondent be and is hereby ordered to award the appellant appropriate damages as agreed between the parties. Should parties fail to agree, either party may approach this court for quantification.” More
This is an application for review of the disciplinary proceedings undertaken by the Respondent at three levels of Respondent Disciplinary Structure as provided in the relevant Code of Conduct, being Delta Beverages Employment Code of Conduct (2003). The Applicant in his prayer seeks for an order to be granted in the following terms;
“1. Applicant’s application for review is granted
2. The Applicant is reinstated (without loss of wages and benefits)
3. The misconduct proceedings instituted in the 1st, 2nd and 3rd Hearing against the Applicant together with preference of charges, determination and penalty be and is hereby set aside... More
