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
The appellant was employed by the respondent. He had grievances against the employer. The relevant NEC was approached. In a letter dated 30 September 2008 the appellant wrote to the relevant National Employment Council (NEC) along the following lines:
“I hereby wish to submit my appeal for intervention by your good office in order to address my grievances. I am an employee of Pharmanova (Pvt) Ltd initially employed as a bookkeeper up to September 2005. I was transferred to the maintenance department to work as a logistics officer in order to avoid retrenchment. A position they regarded as low level... More
