Appellant appealed to this Court against an arbitration award made in favour of respondent. The award dismissed appellant’s claim of unfair dismissal by respondent. The basis of the award was that respondent, having alienated its business to a third party, appellant had used the wrong party. Appellant’s case was that there was no transfer of an undertaking. More
This is an appeal from the decision of the respondents who dismissed appellant from employment following disciplinary proceedings. An order dismissing the appeal was made. Reasons were to follow. More
Applicant was employed by the respondent as a line worker. Following allegations of misconduct, applicant was charged with misconduct. It was alleged that applicant had been apprehended by members of the public stealing property belonging to the respondent. Applicant was brought before a Disciplinary Committee which convicted him and recommended his dismissal. Applicant appealed against the decision in terms of the respondent’s Code of Conduct. This appeal was unsuccessful. Applicant subsequently filed an appeal with this court on 30 March 2015. This appeal was withdrawn on 22 February 2016. Applicant alleges that the appeal was erroneously filed and in its... More
This is an application for condonation of late noting of an appeal. The facts are that the applicant was charged and found guilty of acts of misconduct. He was charged in terms of the National Employment Code of Conduct S.I. 15/2006. He was found guilty. His appeal at the workplace failed. The respondent advised him that if he was not in agreement with the outcome he could take his matter to a labour officer. He did so. Thereafter the labour officer made his draft ruling and applied to have it confirmed by the Labour Court. The application for confirmation was... More
This is an appeal against an arbitral award which found in favour of the respondent.
Appellant was employed by the respondent as a gardener since 2003 and was staying at respondent’s premises until November 2012. It was agreed that appellant had last been paid a salary some time in 2005. What was disputed was whether the employment relationship had ceased in 2005. (as alleged by respondent) or in 2012 (as alleged by appellant). The arbitrator found that the employer – employee relationship had ceased in 2005 and that any issue of unlawful dismissal and unpaid wages had consequently fallen away... More
