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
This is an application for rescission of a judgment which was granted in the absence of the applicants. The applicants have asserted that they or at least one of them (1st applicant) used to make regular checks with the court officials and were consistently told that no set down date had been granted. The first applicant was surprised one day when upon insisting that he wanted to know what was happening the he was told that the matter had already been disposed of. Thus the present application became necessary. More
The facts of this case are not in dispute. Following suspicion that some employees including appellant defrauded respondent through false travel and subsistence claims, investigations were made. The appellant together with other employees involved in the fraudulent activities were charged for violating paragraphs 13 e and 24 of the first schedule of the Civil Service Regulations, 2000 as amended. He was found liable and dismissed from employment with effect from 16 April 2015. More
The applicant was dismissed from the respondent’s employ on 8th December 2020. He appealed internally. His appeal failed and he was advised of this on 18th December 2020.On 30th December 2020 he filed a notice of appeal with this Court. He however did not serve the respondent with such notice. This means that the respondent was not aware of the intended appeal . There is no proof of service on record. The said appeal was deemed abandoned for failure to file a certificate of service. It is not known as to when the abandonment occurred. It is against this background... More
Appellants were employed by Respondent in April 2011 as guards. Their contracts of employment were termination with effect from 30th June 2012. On 30th July 2012 Appellants approached the NEC appealing against unlawful dismissal/termination of contracts. The Grievance and Disciplinary Committee held that Respondent did not follow proper termination procedures and ordered their reinstatement without loss of salary and benefits with effect from date of unlawful termination. More
