This is an appeal against the decision of the arbitrator where he ruled that appellant had resigned from her employment with respondent hence was not entitled to payment of notice pay or retrenchment package.
The background to the matter is that appellant who was in the respondent’s employ wrote on 4 April 2014 to respondent resigning from her job. She however wrote another letter on 7 April 2014 cancelling her resignation. The respondent accepted her resignation and paid her what was due to her. She was irked by the fact that respondent did not consider the withdrawal of the first... More
Appellant worked for Respondent as a Security Guard. She was charged with misconduct (gross incompetence or inefficiency). A hearing was held. The disciplinary authority found her guilty and recommended her dismissal. Appellant appealed. The Mine Manager dismissed the appeal. Appellant then appealed to this Court in terms of Section 92 D of the Labour Act Chapter 28:01. Respondent opposed the appeal. More
This is an appeal against an arbitral award handed down by Honourable Kare where he ruled that the now appellant was not entitled to automatic renewal of his three year contract and that the now respondent pay to the appellant three months salary in lieu of notice and all calculable benefits among to the appellant. More
At the hearing of this matter, the applicant applied for a postponement.
The reasons for applying for postponement is that they want time to file their heads of arguments which they failed to file in terms of the rules.
The provisions of law are very clear. The respondent ought to have filed their heads in terms of Rule 15. More
This is an application for condonation of late filing of heads of argument and upliftment of bar. Applicant filed an application for review on the 28 August 2013. On the same date, the First Respondent was called upon to file a Notice of Response in Form LC2. First Respondent, who was a self actor then, proceeded to file a Notice of Opposition on the 6th of September 2013. More
