This is an application for quantification of damages following this court’s ruling that ;
“the Respondent be and is hereby ordered to reinstate the Appellant with no loss of salary and benefits with effect from date of dismissal
Or
In the event that reinstatement is no longer possible the Respondent be and is hereby ordered to pay the Appellant damages as agreed between the parties in lieu of reinstatement. Should parties fail to agree either party is free to approach the court for quantification “ More
On 25 January 2024, the parties appeared before me in an application for rescission of a default judgement. I dismissed the application. The applicant requested that I give reasons for my order and these are they.
Background facts
the applicant employed the respondent before preferring charges of misconduct against him. He was charged and found guilty and dismissed from employment. The respondent was aggrieved with the outcome of the disciplinary proceedings the respondent noted an appeal to the labour court. This was on 27 April 2023. The notice of appeal was served on the applicant’s office on 4 May 2023 More
On 31st October 2012 this Court made an order the relevant portion of which read,
“1. The Respondent being barred in terms of Rule 19 for not filing Heads Of Argument, the appeal be and is hereby granted and arbitral award of the Respondent by H.R. Matsikidze dated 27 January 2012 is hereby set aside.” More
Applicants worked for Respondent. A collective job action took place. Respondent charged Applicants with misconduct. Thereafter Respondent dismissed Applicants from its employ.
Applicants filed in this Court an application for review of their dismissal. Respondent opposed the application More
