This is an appeal in terms of Rule 19 of the Labour Court Rules, 2017. The appeal was noted as against the determination of the Respondent’s Disciplinary Committee handed down on 14thApril, 2023. More
This is an appeal against an arbitral award.
The respondent was employed as a cook by appellant from January 2005 to 30 January 2015, when he retired More
Appellant was aggrieved by an arbitral award wherein the Arbitrator found that Respondent had been unfairly dismissed and ordered his reinstatement with full pay and benefits or alternatively that he be paid his back pay and damages in lieu of reinstatement. More
“Appellant in this matter was employed as a standby driver for a period of four years. On the 3rd of January 2015, appellant was called to ferry employees on standby from the mine to slymes dam. On that particular day it was raining heavily and appellant went to the slymes dam on two occasions without any problem. On the third occasion the car stopped in the midst of stagnant water caused by heavy rains. Appellant was charged by respondent on allegations of gross incompetence and he was dismissed at the initial hearing and the appeals committee upheld the verdict.” More
This appeal was filed by appellant on 19 September 2014 and respondent was invited to file a response but did not do so. Since then nothing has happened on the matter making it eligible to be decided under section 89 (2) (a) 1 of the Labour Act. The issue between the parties was about factual arguments on the respondents underpayments and entitlements. Arbitrator ruled that the respondent had a good case. More
