This is an application for rescission of judgment. On 18 November 2015 a judgment was issued in default of applicant’s attendance. Service on applicant had been effected by affixing to outer principal door at the address of service of record. On 8 December 2015 the present application was filed. The founding affidavit was deposed to by applicant’s counsel. The notice of response was filed on 7 January 2016. The affidavit of response stated that there is no prayer to the application and it should be dismissed with costs. In response counsel for applicant included a prayer in heads of argument.... More
Respondent is employed by appellant. He approached a Labour Officer alleging that he was unlawfully demoted, was being victimized and that he was owed money in unpaid allowances. The matter was not settled on conciliation and was referred to arbitration. On 30 May 2014 the arbitrator made an award in default of the now appellant’s submissions. On 23 June 2014 appellant noted this appeal. It is not clear from the record if respondent filed a response. Both parties filed heads of argument. More
This is an application for review of an arbitral award in favour of the respondent. Respondent. Respondent was an area manager who was dismissed following proceedings in terms of S.I. 15 of 2006. Respondent had been charged with six counts but was convicted of five. More
This is an appeal against an arbitral award handed down on 12 February 2016, in terms of which the appellant was ordered to pay the respondents cash in lieu of notice. More
On 3RD September 2010 this Court ordered Respondent to reinstate Applicant or pay him damages in lieu of reinstatement. Respondent chose to pay damages. The parties were unable to agree on quantum of the damages. Applicant then filed this application for assessment of the damages. Respondent filed opposing papers. The attorneys agreed that the matter be determined on the basis of the documents filed of record. More
