This court dismissed the applicant’s appeal against the decision of NEC for Engineering Industry. The applicant is dissatisfied with the decision and seeks to approach the Supreme Court. This is therefore an application for leave to appeal to the Supreme Court in terms of section 92 F of the Labour Act [Chapter 28:01].
The facts in this matter are largely common cause. The respondent and applicant were embroiled in a labour dispute which culminated in it being referred to conciliation. The result was that the parties agreed to resolve this dispute and the respondent was reinstated. The respondent was made... More
This is an appeal against an arbitral award which awarded payment of gratuity, cash in lieu of leave and underpayment of salaries in favour of respondent. More
This is an appeal against an arbitral award in terms of which the appellant was ordered to pay a total of $57 391-59 to the respondents to meet underpayment of wages covering the period February 2009 to June 2012. The award was granted on 18 December 2012.
The factual background to the dispute is that the respondents were employed by the appellant; in various capacities, for a period stretching from November 1987 to the time of the arbitral award. However, seven of the respondents were employed by the appellant up to June 2012, the time of their dismissal, while the... More
This is an appeal against the decision of the Respondent’s Works Council internal appeal level where Appellant’s guilty verdict was upheld and the dismissal penalty was confirmed.
Facts of the case are that, Appellant was found guilty and dismissed from work on charges of negligently carrying out his stock control duties on 11 and 15 November 2011 in contravention of the Respondent’s code of conduct. In particular, it was alleged that on the said dates, he negligently corrected the number of scuds crates which had been noted to be different from what was physically going out with the driver. He... More
This matter, an application for condonation of late noting of an application for review was brought for my consideration in chambers. There was no response filed by 5 July 2016 when I considered the application.
I dismissed the application. The applicant has requested reasons for my ruling. These are they.
I found that the delay in noting the application was inordinate. The applicant was discharged from service on 8 October 2007. He became aware of the discharge in October 2007 but only filed the current application on 18 May 2016. The nine year delay is inordinate. More
