On the 17th January, 2014 Appellant noted an appeal with this court against an arbitral award. The Arbitrator had held that Appellant was not constructively dismissed. The Respondent had not committed any unfair labour practice by transferring Appellant to another department. The Respondent had simply exercised its discretion. More
The appellant was employed as a teller by the Respondent. She faced allegations of misconduct and was found guilty and dismissed. She appealed to the Local Joint Committee against the employer’s decision and the appeal was unsuccessful. She unsuccessfully appealed again to the negotiating committee. She has now noted this appeal against the decision of the negotiating committee. More
This matter has been decided by this court on the basis of the papers filed of record in terms of section 89 (2) (1) of the Labour Act. Impression created by the last dates the parties did anything about the matter is that the matter has been abandoned. More
This is an application for rescission of a default order in terms of section 92 C (1) (c) of the Labour Act [Chapter 28:01]. The applicant alleges that the order was granted in error, which allegation is disputed by the respondent. The record of proceedings indicated that on 31 March 2015 the following order was made in the matter referenced LC/H/1141/2014: More
This is a combined appeal and review application and for convenience, I will deal with the application for review first.
Applicant was in Respondent’s employ as a Technician Mechanic. As part of his duties, on the 9th January, 2019 applicant carried out a major service on a client’s motor vehicle. What constituted major service was not an issue. It inter alia constituted removing the tyres and putting them back on the motor vehicle. After completing the service, the motor vehicle went through quality control, washing and was parked at the collection bay awaiting collection by the client. More
