This is an application for leave to appeal to the Supreme Court against the judgment of this Court that was handed down on the 16 October 2015. This Court in its judgment set aside the arbitral award by Susan Changawa. It nullified the transfer of the appellant to Mahshe Investment and ordered Applicant to reinstate the Respondent’s pension. More
This is an appeal against the decision of the DA who handled the dispute of non payment of terminal benefits to the respondent employees. The background to the matter is that the employees were awarded an 11% wage increment which the employer unsuccessfully challenged all the way to the Supreme Court. Post the Supreme court judgement the employees again approached the DA 0alleging non payment of their terminal benefits. This did not go down well with the applicant. In its view such an approach was tantamount to asking the DA to enforce a Supreme Court order and to issue a... More
At the hearing of this matter I dismissed the application with costs and indicated that reasons would follow. These are they;
On 15 October 2015 I dismissed the applicant’s appeal with costs. At that hearing applicant was represented by one Witness Mapamba, a human resources officer. On 12 November 2015 applicant filed an application for leave to appeal in terms of section 92F (2) of the Labour Act [Chapter 28:01]. Applicant was now represented by counsel. The founding affidavit to the application was deposed to by Witness Mapamba. The intended grounds of appeal are; More
The application was placed before me as a Chamber Application for an order compelling the Respondent to release to the Applicant the documents and determination relating to Applicant’s disciplinary case failing which the Respondent was to be ordered to reinstate the Applicant. In the event of reinstatement being no longer an option, the Respondent was to in the alternative pay Applicant damages in lieu of reinstatement. More
This is an appeal against the decision of Respondent’s Appeals Committee which upheld the determination of the Disciplinary Committee finding the Appellant guilty of misconduct culminating in her dismissal from employment. More
