This is an appeal against an arbitral award which declared the dismissal of respondent unfair and set it aside whilst ordering reinstatement or alternatively damages in lieu of reinstatement. More
The four respondents are former employees of the appellant company. Each one of them was dismissed. Upon reference of the matter to arbitration, the Learned Arbitrator found that they had been unfairly dismissed and ordered their respective reinstatements with alternative orders for payment of quantified amounts of damages. Aggrieved by the arbitrator’s decision the appellant appealed to this Court on the following grounds with respect to each of the respondents. More
The twenty three Respondents were employed by the Appellant in different capacities. In 2002 the respondents were dismissed from employment by the Appellant. There are no documents filed of record showing what the charges were but they were subsequently relieved of their duties. Respondents immediately filed a complaint against Queen Elizabeth School for an unfair labour practice with a labour officer. The matter was subsequently referred for arbitration. As indicated the record of the Arbitration process was not filed of record. The Arbitrator noted that Queen Elizabeth School had raised a defence that it was not the Respondent’s employer but... More
On 24 April 2013 I dismissed Applicants’ application. Applicants requests reasons for such dismissal. These are they;
Applicants made an application to this court in terms of section 89(2) (b),(c) (d) of the Labour Act as read with Rule 14(1) (b) this court’s rules. Applicants alleged that a Labour Officer failed for some reason to issue a Certificate of No Settlement, in relation to the dispute in terms of Section 93(3) of the Act after the expiry of 30 days. The initial day of conciliation was 21 November 2012. 30 days there from was 9 January 2013. On 14 December... More
The background to this case is as follows: The five respondents were employed by the applicant in August 2015 the applicant terminated the respondents’’ employment on three months’ notice.
The effective date of termination was to be 31 October 2015.
On 15 October 2015 applicant applied for exemption from paying compensation in terms of section 12 C (3) of the Labour Act [Chapter 28:01] to the exemption committee of the National Employment Council for the Motor Industry (the exemption committee)
On 23 November 2015 a hearing was conducted before the exemption committee. Subsequently on 3 December 2015 the exemption committee... More
