Applicant made a chamber application to this court on 9 January 2013 seeking this court to condone her late filing of an appeal against the decision of the Respondent Council. The Respondent dismissed her on allegations of theft and absence from work without leave.
After going through the papers pertaining to this application in particular, the founding affidavit and the respondent’s notice of response, the court observed that the Applicant had baldly averred that she had prospects of success on appeal on the matter .The court instructed the Applicant to purge the defect before the matter could be set down... More
This is a review of the disciplinary proceedings which resulted in applicant being found guilty of misconduct and being penalised with dismissal from work. The applicant had placed before the court 5 review grounds but in his oral address withdrew grounds 2, 3 and 4 thus leaving for determination only grounds 1 and 5. Ground 1 relates to improper composition of the disciplinary body. Ground 5 relates to failure by the disciplinary body to give applicant a chance to mitigate. Applicant prays that on the success of these 2 grounds his guilty verdict and dismissal penalty be upset and substituted... More
This matter was set down as an application for a review of the disciplinary proceedings conducted by MASCA against its employee one Mano. Four preliminary points were raised at the outset of the review proceedings. It is only these four preliminary points which are addressed by this judgment. More
This is an application for the rescission of a default judgment handed down on 4 October 2022 in a labour dispute pitting the applicant employee and the respondent employer. The background to the matter is that the employee filed a review application with the Labour Court challenging the process leading to his dismissal from his workplace. He however did not attend court on the set down date despite service of the set down date on his union representatives. In the result default judgment was granted. He now wishes to have that default judgment set aside so that his review application... More
This is an appeal against an arbitral award made in favour of the respondents employees against the appellant employer in a labour matter which pitted the 2 parties against each other. More
