This is an application in terms of section 93 (5a) and (b) of the Labour Act [Chapter 28:01] (the Act). The applicant ruled in favor of the employees. In response to the application for confirmation of the draft ruling, the employer raised several preliminary issues which it alleged were capable of disposing of the matter. More
This is an application for condonation of late noting of an appeal by the applicant employee. The employer is opposed to the grant of the condonation relief. The employee’s case is that he erroneously filed for review which application was consequently dismissed. He says due to his self-acting status he wasted the dies inducia for noting an appeal pursuing the ill-fated review application. He contends that he has a merited case on appeal. His argument is that theemployer casualties his labour and later replaced him with another employee where he legitimately expected to have his contract of work continue. It... More
This is an appeal against a decision of NEC Appeals Committee for the Welfare and Education Institution (NEC Appeals Committee) handed down on the28th October, 2014.
The Appellant is a duly registered private learning institution governed by the Collective Bargaining Agreement of the welfare and Education institution. The Respondent was until July 2014 employed by the Appellant as its bookkeeper. The Respondent was on the 1st of July 2014 charged with a violation of Schedule 4 Gross Misconduct offences under the relevant code i.e. NEC Welfare and Educational Institution Code of Conduct. More
This is an appeal against the decision by a designated agent reinstating the respondent (the employee) into his former position with no loss of salary and benefits. The designated agent also ordered the payment of back pay for two different periods and the appellant was not challenging the backpay which relates to the period the respondent was unlawfully dismissed. More
At the hearing of this appeal, the respondent raised preliminary issues which were:
(1) The appeal was only premised on grounds of facts and thus must be dismissed as no grounds of law have been brought before the court for determination.
(2) The grounds of appeal raise procedural issues and these are not properly raised in an appeal. They should be held to be improperly before the court.
(3) The appeal is out of time and is for that reason also improperly before the court and must be dismissed. More
