Applicant applied to this Court for condonation of a belated appeal. The application was made in terms of Rule 22 of the Labour Court Rules, 2017. Respondent opposed the application. More
The two cases involve an application for review and an appeal, against the decision of the Second Respondent. The matters were filed separately but had to be joined at the hearing.
I should hasten to make the observation that Applicant/Appellant appealed against the initial decision of the Second Respondent wherein it was contended that Second Respondent lacked jurisdiction to determine the matter in matter. That matter was placed before Honourable Chivizhe
J. What is surprising nis that Applicant/Appellant proceeded to file the present matters before a determination was made by Honourable Chivizhe J. This was tantamount to placing other issues... More
This is an appeal against an arbitral award which declared the dismissal of respondent unfair and set it aside whilst ordering reinstatement or alternatively damages in lieu of reinstatement. More
The four respondents are former employees of the appellant company. Each one of them was dismissed. Upon reference of the matter to arbitration, the Learned Arbitrator found that they had been unfairly dismissed and ordered their respective reinstatements with alternative orders for payment of quantified amounts of damages. Aggrieved by the arbitrator’s decision the appellant appealed to this Court on the following grounds with respect to each of the respondents. More
The twenty three Respondents were employed by the Appellant in different capacities. In 2002 the respondents were dismissed from employment by the Appellant. There are no documents filed of record showing what the charges were but they were subsequently relieved of their duties. Respondents immediately filed a complaint against Queen Elizabeth School for an unfair labour practice with a labour officer. The matter was subsequently referred for arbitration. As indicated the record of the Arbitration process was not filed of record. The Arbitrator noted that Queen Elizabeth School had raised a defence that it was not the Respondent’s employer but... More
