This is a review of the decision by the Chief Executive Officer of the respondent company to dismiss appellant following charges of negligent performance of his duties.
The facts giving rise to the review application are that appellant who was in the respondent’s employ as a long distance truck driver was on 9 July 2013 charged with 2 counts of contravening the respondent Code of Conduct that is gross negligence and instigating or taking part in an unlawful job action.
The unlawful job action charge was eventually dropped and he was tried on the gross negligence charge. Following the disciplinary... More
This is an appeal against the Negotiating Committee’s decision upholding the dismissal of the Appellant by the Respondent.
The background facts to this appeal are as follows:-
Appellant was employed by Respondent as a security guard. The Appellant was found in possession of a cellphone while on duty. He was charged in terms of the National Employment Council for the Commercial Sectors Code of Conduct being the governing code at that time, as read with the Respondent’s standing Instructions. The Appellant admitted the charge he explained why he had the cellphone on that day. He was dismissed on that day.... More
This is an appeal against an arbitral award issued by the Arbitrator on the 15th August, 2019 to the effect that:-
(1) the claimants claims for unfair dismissal be and is hereby upheld and respondent is hereby ordered to pay $375,00 as notice pay.
(2) the claim for unpaid salaries be and is hereby dismissed. More
Appellant’s grounds of appeal read as follows;
“The Respondent was wrong in erring that I was sitting on a final warning before the alleged offence was committed.
I was never brought to a hearing where the Disciplinary Committee came up with a final warning. It is disputed.
The Respondent in terminating my services never got lenient given that I had served the company for nearly 20 years without any problem.
I feel it was really constructive dismissal as I was not reprimanded. If Respondent considered my service I would have either given a final warning or demotion either to general... More
