The appellant employed the respondent as an accounting assistant in 2008.
Appellant outlined the facts of the matter as follows;
Due to continuous ill health the respondent went on sick leave in May, 2013 up to October 2013 for a period of 180 days.
In November 2013 after the 180 sick leave period, the respondent reported for work but it was apparently very clear to all concerned that the respondent was still very ill and unfit for duty. It was agreed that the respondent should go on unpaid leave while recovering. More
Appellant’s grounds of appeal were that:-
- the Arbitrator deviated from the terms of reference
- the Arbitrator awarded arbitration costs were supposed to have been determined by the conciliation body
- the award is biased towards the employee
- points of law were being violated therefore award was misdirected More
This is an appeal against the decision of MS MAGANI N.O handed down on 27 August 2019.
A brief background of the matter is pertinent.
Appellants were employed by the respondent. Following the purported termination of their employment contracts on retirement, they approached the Labour Officer. When conciliation failed, the matter was referred to arbitration. The arbitrator found in favour of the appellants. Respondent appealed to the Labour Court. This Court, in a judgment by CHIVIZHE J, dismissed the appeal and upheld the arbitrator‘s decision. This meant that respondent was supposed to pay to the appellants monies due to them... More
This is an application for quantification of damages in lieu of reinstatement arising from the disposal order that was issued by this court on 8 March 2010. More
