This is an application for condonation of late noting of an appeal. The applicant was found guilty of breaching section 18.3 (12) of the respondent’s Code of Conduct. He was alleged to have fraudulently requested for $5-00 parking fees instead of $2-00 established by management. He was dismissed and subsequently followed the wrong route on appeal. The applicant was a self-actor at the time. The National Employment Council for the Motor Industry subsequently advised the applicant that the appeal lies with the Labour Court. More
This is an appeal at the instance of the appellant employee against the decision of the respondent’s appeals body. The facts giving rise to the matter are that the appellant was accused of breaching respondent code of conduct by receiving $5 parking fees for parking a bus at the designated car park yet he went on to pay an amount less than the $5 which he received. He was brought before a disciplinary committee which reached a deadlock in respect of his guilt but was subsequently found guilty because of the chairperson’s casting vote. He was consequently dismissed from employment.... More
The matter was heard before myself on the 6th of May, 2013. The court after an attempted mediation directed the parties to, if possible, settle the matter out of court. In the event that settlement failed the parties were to approach the Registrar for the court to hand down judgment. Both parties through communication to the Court (the Appellant through a letter dated 18th June, 2013 and the Respondent through a letter dated 2 October, 2013) advised of their failure to settle. The parties having failed to settle the matter amicably I now address the merits of the appeal placed... More
The respondent was employed by the appellant as a Debtors Clerk. Her duties included amongst others, the collection of payments from debtors. During the year 2012 appellant suspended respondent on allegations of misconduct. She was subsequently arraigned before a disciplinary authority on 16th January 2013 facing allegations of breach of Sections 4(a) and 4(f) of the National Code i.e. Statutory Instrument 15of 2006. She was subsequently dismissed from employment following her conviction on the charges. Respondent noted an appeal against the determination. The Appeals Authority handed down a decision dismissingthe respondent’s appeal. More
This is an appeal from a decision made by an arbitrator.
The following are the grounds of appeal.
‘1. The Arbitrator erred at law in finding that the respondent was unlawfully dismissed because he had become an employee on a contract without limit of time in circumstances where the respondent waived his right to become a permanent employee by signing fixed term monthly contracts. More
