The brief background to the matter is that the Appellant was employed by Respondent, and was at the material time working in the Delicatessen Department. In November 2009, she was convicted of misconduct in terms of the National Employment Council for the Commercial Sectors Employment Code of Conduct (NEC Code). The Disciplinary Committee found her guilty of the Group IV Offence of “DISHONESTY AND RELATED OFFENCES”- which is the unlawful taking of property with the intention of permanently depriving the company of such property. The Appellant was found by the Duty Manager eating potatoes in a kitchen, outside the normal... More
Respondent was employed by the Appellant as a Bar Assistant/Assistant Cashier. It is alleged that Appellant verbally dismissed her resulting in the matter being referred to conciliation. Conciliation failed and the matter was referred to arbitration. The Arbitrator found in favour of the Respondent. The Appellant is not satisfied and has appealed to this Court. More
This is an application for leave to appeal to the Supreme Court. This Court on 25 November 2015 made an order dismissing the applicant’s appeal. The applicant noted an application for leave to appeal within the requisite thirty day period but that was done beforethe reasons for the judgmentwere handed down. More
This is an application in terms of rule 19(3) a of the Labour Court Rules 2006 for the dismissal of the Respondent’s appeal on the basis that he failed to file his heads of argument within the time limits prescribed by the rules.
The brief facts of the case are that the Respondent was dismissed by the Applicant on the basis of failing to obey lawful orders in contravention of the Applicant’s code of conduct. Aggrieved by his dismissal, he appealed to the Labour Court on the 20th July 2012. More
This is a determination of a point in limine which was initially dismissed by this court.It is being determined for the second time following an order of the Supreme Court.It is therefore necessary to go through the various stages leading to the present position.The present determination is done on the basis of the papers as agreed to by the parties. More
