On the 17th January, 2014 Appellant noted an appeal with this court against an arbitral award. The Arbitrator had held that Appellant was not constructively dismissed. The Respondent had not committed any unfair labour practice by transferring Appellant to another department. The Respondent had simply exercised its discretion. More
The appellant was employed as a teller by the Respondent. She faced allegations of misconduct and was found guilty and dismissed. She appealed to the Local Joint Committee against the employer’s decision and the appeal was unsuccessful. She unsuccessfully appealed again to the negotiating committee. She has now noted this appeal against the decision of the negotiating committee. More
This matter has been decided by this court on the basis of the papers filed of record in terms of section 89 (2) (1) of the Labour Act. Impression created by the last dates the parties did anything about the matter is that the matter has been abandoned. More
On 14 January 2025 this court handed down an order by consent where the parties hoped to settle their matter out of court. The out of court settlement failed, resulting in the matter being re-enrolled for 24 January 2025. On 24 January 2025 the matter which was an appeal at the instance of the employer was heard leading to this judgement. A point in limine vis the propriety of the appeal was raised but failed due to lack of foundation. The point therefore does not form part of this judgement. More
This is an application for rescission of a default order in terms of section 92 C (1) (c) of the Labour Act [Chapter 28:01]. The applicant alleges that the order was granted in error, which allegation is disputed by the respondent. The record of proceedings indicated that on 31 March 2015 the following order was made in the matter referenced LC/H/1141/2014: More
