On 9th December 2010 the NEC Banking made a determination. In terms thereof it upheld an earlier ruling in terms of which Appellant was ordered to reinstate Respondent’s employment. Appellant then appealed to this Court against the NEC’s determination More
This is an appeal against both an arbitral award reinstating respondent to the appellant’s employ and a subsequent quantification of damages. The respondent was employed by the appellant as a security officer. More
Applicant’s sole ground for review is worded as follows,
“The NEC Appeals Board misdirected itself in failing to deal with the two appeals separately, as directed by the order of the Labour Court dated 20 October 2011. By lumping the two appeals the NEC Appeals Board acted unprocedurally and in defiance of the order of the Labour Court.” More
This matter was set down so that a review application filed on behalf of the applicant could be heard. At the commencement of the hearing the legal practitioner on behalf of the respondent stood up to address the Court. The nature of the application was not immediately articulated in order for the Court to appreciate it. More
This is an application for condonation of late filing of an application for review. At the end of the hearing the application was dismissed. Reasons were to follow. These are they. In order for the application to succeed the court considers, among other things the following factors, namely,
1) the extend of the delay;
2) the explanation for the delay; and
3) Prospects of success should the matter be heard on the merits. More
