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
This is an appeal against the decision of the Appeals officer who upheld the decision of the Hearing Officer to dismiss the appellant from employment.
The brief facts of the matter are that appellant was employed by the Respondent as a Section Manager. He was charged for contravening section 4 (a) of the Labour (National Employment Code of Conduct) Regulations SI 15 of 2006. It was alleged that he swiped customers’ groceries using his own bank card and pocketed cash in United States Dollars that the customers would have brought to the Supermarket intending to pay for their purchases. By... More
The Respondent was employed by the Appellant as an Electrical Assistant. On 15th of October, 2009 he attained the age of 60 years. In accordance with appellant’s retirement policy the Respondent was advised of his retirement with effect from the 31st of December, 2009.
The Respondent however challenged the decision to retire him and lodged instead a claim for unfair dismissal. Upon failure to conciliate by the Labour Officer the matter was referred for compulsory arbitration. The terms of reference were for the Arbitrator to determine whether or not the Appellant had been unlawfully dismissed from employment. More
This is an application for rescission of judgment.
On the 11 March 2014 the hearing of an application for interim relief was set down for hearing at 0900 hours before Musariri J. Both parties had been duly advised of the date of set down and proof of service was on file. Applicant was in default and the application for interim relief was dismissed for want of prosecution. It is that order that is sought to be rescinded through this application. More
