This is an appeal against the decision of the respondent’s disciplinary authority which found the employee appellant guilty of improperly associating with a school child and penalised him with dismissal. More
The facts are common cause and are briefly that the application was employed by the respondent as a sales consultant. He was charged with acts of misconduct in terms of Section 4 (a) of the Labour (National Employment Code of Conduct) regulations, 2006 (SI 15/06) (National Code). It was alleged that on 29 August 2022 and 1st September 2022 the applicant had allegedly accessed a customer’s call data and shared same with the customer’s husband without getting permission from the customer. It was alleged further that on 29 August 2022, applicant had sent a WhatsApp message in a work group... More
This is an application for condonation for the late filing of an application for review. The application is opposed. At the hearing of the application, a preliminary point was raised by the respondent. The respondent argued that the applicant had failed to comply with the provisions of Rule 11 A (4) of the Labour Court Rules, 2017 (as amended) (the Rules). More
This is an appeal against an arbitral award which upheld the dismissal of the appellant from the respondent’s employ. The arbitrator proceeded on the basis of written submissions as agreed to by the parties. More
This matter came before us as an application for confirmation of the ruling of the applicant in a matter concerning the first respondent and the second respondents being Richard Mwanza and 22 others.
On the 24th of July 2015, the first respondent gave Richard Mwanza and 22 others, three months’ notice of intention to terminate contracts of employment between them. In the letters of notice to terminate, the first respondent indicated that the decision had been reached due to the declining company performance. More
