Appellant was employed by the Respondent as an overseer. On 23 February 2009 he was suspended from employment pending a disciplinary hearing. The allegations against him were that on 10 February 2009 at 1400 hours he took part in an unlawful collective job action. He was alleged to have left his work station without authority and sat at Mutondo square with other participating employees. A disciplinary hearing was subsequently held and he was found guilty and was dismissed from employment. He appealed to the General Manager and subsequently to the National Employment Council for Chemicals and Fertilizers Manufacturing Industry but... More
Respondent filed its heads of argument on 23January 2013, two years after being served with Appellant’s heads. In terms of rule19 (2)(a) of this court’s rules, Respondent was enjoined to file his heads of argument within 14days of receipt of Appellant’s heads. The Respondent is barred and the appeal is rendered unopposed in terms of rule19(3)(a) of the Labour Court Rules (SIJ9/06). In terms of the Labour Court rules I am proceeding to deal with the matter on the merits as unopposed. More
This is an application for condonation of late noting of an appeal. It is trite that in order for an application of this nature to succeed, the applicant must give a reasonable explanation for:
1. The inordinate delay.
2. Reasons for the delay.
3. Prospects of success on the merits. More
On the 9th of February 2024 an order was made striking the applicant’s application for condonation for late filing an application for review, off the roll . Parties have now requested for reasons. More
