This is an appeal against the decision of the appeals officer which decision upheld the decision of the hearing officer. The appellant was charged and convicted in terms of section 15.9.1 of the Old Mutual Code of Conduct. It reads-
“Failure to fulfill the expressed or implied conditions of the contract of employment or any breach of the employment contract”.
The charge further specified Clause 8(1) of the employment contract which reads-
“The employee will perform his/her duties in the best interests of Old Mutual and will refrain from any action which may in any way harm the good name... More
Application for condonation for late noting of review application was filed at the instance of the applicant employee. The respondent employer opposed the condonation and raised a point in limine. It is the point in limine which is the subject of this judgment.
The employer takes the point that the condonation application is improperly before the court as it is based on a defective notice of review. Its argument is that LC5 the form on which a review application is to be made makes it clear that the application shall be accompanied by a founding affidavit which the respondent would... More
1. This is an appeal against the decision of the employer finding the Appellant guilty as charged and imposing a penalty of dismissal. The appeal is against both the conviction and the penalty. The appeal was opposed. More
This is an application for review of the events that eventually led to the applicants’ retirement/dismissal from employment. It is alleged that the Town Clerk acted ultra vires his mandate in that he made the decision meromotu in the absence of a Council Resolution to retire the first and 2nd Applicants. It has also been submitted to the court that the 3rd and 4th Applicants’ offices have been abolished by the Respondent and thus abolition amounts to a defacto retrenchment exercise. The Applicants have told the court that this is a unilateral variation of the employment contract. More
This is an application for review of a decision by respondent’s Appeals Committee dismissing the applicant’s appeal.
The background to this case is as follows. Applicant was employed by the respondent as an Assistant Executive Finance. She was suspected of having committed certain offences in contravention of the respondent’s Code of Conduct. She was duly suspended and she appeared before a disciplinary committee which found her liable and dismissed her. The applicant thereafter filed an appeal with this court against the determination of the disciplinary committee. The appeal was dismissed on the basis that the applicant as a requirement should... More
