This is an appeal against the decision of the respondent officer reprimanding appellant employer for 6 months with effect from 15 February 2021. This was at the backdrop of her having been charged and tried on allegations of incompetent or inefficient conduct of her duties in contravention of section (4)(f) of the Model Code. More
This matter was set down as an application for condonation for late filing of an appeal. In response to the application the respondent employer raised with the court points in limine which points are the subject matter of this judgment.
The employer took 3 points that is (1) application was not served on time (2) Answering affidavit was improperly before the court (3) Applicant was bared for failure to file heads of argument. In the result the employer prayed that the application for condonation be struck off the roll with costs on the basis of the points raised above. More
On the set down date of the appeal by the appellant against the respondents appeals bodys decision in a labor dispute between appellant and her employer the employer took the point that the appeal was bad at law as it attacked the hearing officer’s decision and not the appeals officer’s decision. It is only this point which is addressed by this ruling. More
This is an application for condonation of late filing of an application for review. In April 2016 the second respondent embarked on a retrenchment exercise. The second respondent offered to pay the applicants the minimum retrenchment package in terms of section 12 (2) (c ) of the Labour Act [Chapter 28:01] as amended. In addition the second respondent also offered to pay other allowances over and above the statutory minimum retrenchment package. The applicants refused the offer. The second respondent proceeded with the retrenchment process in terms of the Labour Act. On 11 May 2016 the first respondent confirmed the... More
