This is an appeal against the determination of the Designated Agent for the National Employment Council for the Mining Industry, issued on 16 March 2021. The determination dismissed the appellant’s claims relating to unfair dismissal, notice pay, overtime allowance, underground allowance, night shift allowance, cellphone and airtime allowance.
The brief facts of the matter are that the appellant was employed by the respondent as a Shift Boss. He was so employed on the basis of fixed term contracts of employment, from August 2016 to August 2018.
The Designated Agent found that the appellant’s fixed term contracts ran their full course,... More
Appellant was employed by respondent in 2009 on monthly fixed term contracts. It is appellant’s allegation that in July 2011 respondent employed up to sixty employees who were on fixed term contracts, as permanent employees. Appellant was not one of the sixty. From that time to 13th March 2013 appellant did not sign any fixed term contract and neither was he placed on a contract without limit of time. Respondent alleges that the last fixed term contract expired on the 13th March 2013. When his contract of employment was not renewed, appellant made a complaint of unfair dismissal at the... More
At the close of submissions I dismissed the application stating that the reasons would follow. The following are the reasons.
Applicant was employed by Respondent and was charged with contravening section 3.2.4 (c) of Respondent’s Group Employment Code of Conduct. Applicant is alleged to have grossly failed to manage the stocks of explosives in terms of the safety procedures. The Hearing Committee recommended his dismissal. Applicant appealed to the Disciplinary and Grievance Committee which upheld the dismissal. Applicant’s Counsel thereafter appealed to the National Employment Council (NEC) which was in fact the wrong forum. The Applicant has finally approached this... More
Appellant was employed by the Respondent as waiter. He was engaged for eight (8) days and was allegedly dismissed. The matter finally landed in arbitration. An initial arbitration award was set aside by Justice KUDYA. In the second arbitration, the Arbitrator found in favour of Appellant. Appellant is not satisfied with this award and appealed to this Court. More
The Respondent objected to the Appellant’s failure to file Heads of Argument on time and submitted that the Appellant is therefore barred automatically in terms of Labour Court Rules. In his counter argument, the Appellant submitted that the failure to file Heads of Argument on time was caused by the Respondent’s failure to file a Notice of Response in terms of the Rules. Respondent submitted that although the prescribed Notice of Response was not filed, there was a notice of opposition filed in an interim application by the Appellant and it was clear from the Notice of opposition that the... More
