This is an appeal against the decision by the respondent’s appeals tribunal which upheld the decision to find the appellant guilty of acts of misconduct and to dismiss him from employment. When the matter was initially set down, there were preliminary points raised which were disposed of by the Court see order number LC/H/ORD/347/2022. The appellant was grieved and sought leave to appeal against the Court’s decision to the Supreme Court. Leave was granted and the matter was referred to the Supreme Court. The Supreme Court declined to deal with the appeal at that juncture preferring to deal with the... More
The issues for determination in this appeal against an arbitral award are;
“whether or not the claim by the Appellant had prescribed by the time it was referred to a Labour Officer”
It is not disputed that on 24 June 1999 the Appellant was suspended from his work place. On 22 December 1999 he was dismissed.On 10 March 2000 the matter was referred to the Review Board. The Appellant requested for the transcript to enable him to prepare his grounds for review. The transcript was availed to the Appellant on or before 26 July 2000. More
This is an appeal against the determination of the respondent’s General Manager which confirmed the finding of gross negligence and a penalty of dismissal against the appellant.
The appellant was employed by the respondent as a driver for twenty-five years. On the day in question he was assigned the task of towing a 10 000 litre bowser containing water using a tractor. In the process the tractor broke into two. The appellant was subsequently charged of gross negligence in the execution of his duties in terms of Paragraph 8 of Group D (Serious Offences) of the respondent’s Code of Conduct.... More
The matter was placed before me as an application for condonation for late filing of an appeal against the determination of the Designated Agent of the National Employment Council for the Mining Industry which determination was handed down on the 18th of May 2023. The application is filed in terms of Rule 22(1) of the Labour Court Rules, 2017. It is opposed. More
