The matter was placed before me as an application for condonation of late noting of an application for review.
The material background facts to the matter are as follows:
The Applicants are former employees of the 3rdRespondent. In March 2012 the parties entered into a negotiating process for the retrenchment of the Applicants. The process culminated in a retrenchment certificate issued by the Minister on 22nd May, 2012. The Applicants after a period of two years instituted proceedings in the Labour Court to appeal against the Minister’s decision allowing for retrenchment of the Applicants. On the 31st of January 2014... More
The appeal was noted as against an arbitral award handed down on an unspecificieddate the operative part of which reads as follows;
“4.1 This matter was resolved at the conciliation level. It should never have been brought to arbitration. Entertaining the complainant is an abuse of the dispute resolution system. I have no mandate to overturn an agreement that was entered by parties willingly.
4.2 Accordingly, this case is dismissed in entirely. Parties must abide by the agreement entered on 16 November, 2011.” More
Appellant was employed by the Respondent as the logistics and Distribution Manager. On 4 March 2010 he was suspended from employment without salary and benefits on the basis of misconduct. On 8 March 2010 he was charged with three counts of misconduct. The allegations were that between 5 and 20 January 2010 he signed loading instructions for Salt Lakes Transport without a valid contract. He was accused of not exercising the required due diligence when executing his duties in relation thereto. Appellant’s alleged laxity and over delegation, over-trust and over-reliance on subordinates led to the loss of 120 metric tonnes... More
Appellant was dismissed from employment by 2nd Respondent on grounds of misconduct. She sought a review of the dismissal. 1st Respondent reviewed but confirmed her dismissal from employment. She then appealed to this Court. Her grounds of appeal were two-fold. More
This is an application for condonation of late noting of an application for rescission of judgment. Facts giving rise to the instant application are that the applicant employee lost her job with respondent employer following allegations of misconduct in breach of the respondent code of conduct. She appealed to arbitration without success. This drove her to appeal to the Labour Court on 24 November 2014 against the arbitral decision. She however failed to file her heads of argument on the appeal on time. This prompted the respondent to pray for a dismissal of the appeal for want of prosecution. To... More
