This is an application for condonation for late filing of review against the respondent’s decision to decline the applicant Manpower Development Leave and his subsequent dismissal from work.
The brief background of this matter is that on 1 January 2013 the applicant proceeded on unauthorised Manpower Development Leave: Prior to that applicant had applied for the MDL on 30 November 2012. The C.E.O. recommended the leave on 8 January 2013. However the Health Service Board turned down the application on 29 May 2013. More
This is an application for review of respondent’s decision. Respondent raised preliminary points in the notice of response, which were later abandoned.
Following allegations of misconduct the appellant was charged in terms of the respondent’s code of conduct “the code”. The appellant was a managerial employee. He was found liable and dismissed from employment with effect from 18 December 2013. An internal appeal was unsuccessful. The applicant approached this court to review the decision by the respondent. More
On the 16th April, 2012 Respondent’s complaint of non-payment of remuneration was referred to a Labour Officer for conciliation. The issue could not be resolved and was subsequently referred to compulsory arbitration. More
Appellant was found guilty and dismissed from employment by Respondent’sDisciplinary Authority for having committed two acts of misconduct, namely –
“any act, conduct or omission inconsistent with fulfilment of the express, or implied conditions of his contract,
and
theft or fraud or commits a crime involving dishonesty.” More
This is a matter in which the respondent was employed by the appellant. In terms of the contract binding the two parties, during the probation period either party could give two weeks’ notice of termination of the contract. At the end of the probation period of three months, the appellant did not confirm the respondent as a permanent employee. In a letter dated 28 April 2011 the appellant gave the respondent two weeks’ notice to terminate the employment as required by the contract. This is also in keeping with the provisions of Section 12 (4) (d) of the Labour Act... More
