On 5th July 2012 this Court made an order. The terms of the order read as follows,
“Respondent having failed to file its response in terms of Rule 15 of the Labour Court Rules Statutory Instrument 59 of 2006: and further having also failed to show good cause for such failure to file a notice of response, a default judgment be and is hereby entered against the Respondent. The appeal is consequently allowed by reason of Respondent’s default.” (The underlining for emphasis is mine) More
This matter was set down before me as a rescission of judgment application by the employer of a judgment which was granted in default by the Labour Court in favour of the employee. Parties will in the entirety of this judgment be referred to as employer and employee to avoid confusing the record since the record is replete with the parties interchanging roles depending on what application was before the court at the various stages. More
This is an appeal against the decision of the Arbitrator where she dismissed the Appellant’s claim. Appellant was seeking to be substantively appointed to grade 11 (Senior Clerical Officer) a position which she claims had acted in for long and thus had a legitimate expectation to be appointed substantively to that position.
Facts of the case are that Appellant joined the Respondent Council as a general labourer grade 15/16 in 1999. In 2003 she had occasion to act in a capacity above her grade and received some acting allowance for that grade. During the course of that acting her superiors... More
