This is an appeal against the manner in which the appellant and the respondent parted ways. Before the hearing commenced the court inquired of the appellant’s counsel on what decision was being appealed. Counsel for the appellant advised the court that it was the decision of the hearing officer which was being appealed. The decision (dated 2 December 2020) reads and I quote: More
This is an application for condonation for late noting of appeal. The applicant was dismissed from employment on 18 September 2012. The applicant has not yet exhausted domestic remedies. He was supposed to appeal to the Chief Executive Officer. To date he has not made such appeal. There is therefore no determination of the Chief Executive Officer. In terms of respondent’s Code of Conduct an appeal from the decision of the Chief Executive Officer lies to this Court. More
Mr V. Mapepa for the Respondents applied that the matter be stood down to 1100 hours to enable the Legal Practitioner representing Respondents to avail herself at Court. Mr Mapepa submitted that such Legal Practitioner was attending a Pre – Trial conference at the High Court. No evidence was tendered in support of such submissions. Let me warn all legal practitioners to start respecting this court as a superior court. Most lawyers believe they can simply get a file from a fellow colleague and come before this court to inform this court to either postpone or stand down a matter. More
This is an appeal against an award that quantified the damages due to the respondents. The appellant had on 6 November 2014 advised the arbitrator that even though respondents were seeking reinstatement on the basis that their dismissal was unlawful or alternatively the payment of damages and terminal benefits, reinstatement was no longer on option. The quantification proceedings were subsequently held and an award was issued on 18 May 2015. On 4 June 2015 the appellant noted this appeal. The grounds of appeal span over three pages and they number up to 13. The bone of contention are the entitlements... More
This is an appeal against the decision of Honourable Arbitrator J Ndomene dated 5 September 2018. The arbitrator’s findings were that,
(i) The claim for non payment had not prescribed.
(ii) The claim for underpayment be granted.
The brief background of the matter is that some of the Respondents were employed by the Appellant as Loss Control Assistants and others as Messengers. When parties appeared before the arbitrator they made the following submissions. More
