This is an application for the review of a determination handed down by the National Employment Council Tobacco Industry Grievance and Disciplinary Committee (GDC) on 29 October 2015. The determination ordered the reinstatement of the respondents to their employment with the applicant, or payment of damages in lieu of reinstatement. More
The matter was placed before mepurportedly as an application for condonation of late noting of an appeal.
After perusing the record and upon an enquiry with the applicant’s legal practitioner, it became apparent that the applicant was actually seeking condonation for the late filing of an appeal co-joined with an application for review – a two in one approach. Apart from that the court’s enquiry also established that the two i.e. the appeal and the application for review relate to two different arbitral awards – a principal award and a quantification award issued pursuant to the first. This however was... More
This is an appeal against an award in favour of respondents.
Respondents were employed by the appellant on different dates. Their contracts were terminated and they complained of
- non payment of wages
- non payment of cash in lieu of leave
- non-payment of overtime
- Non-payment of holiday allowances
- Unlawful deductions; and
- Non-issuance of soap and show polish.
The matter was not settled at conciliation and was referred to arbitration. More
To borrow from the respondent, it is trite law that before reaching any finding, the court or tribunal must consider all the facts and this must be shown to be done.
Unfortunately in the case before me, it is not clear how the arbitrator reached the conclusion that the respondent had not signed the full and final settlement agreement.
The appellant’s submissions before the arbitrator on p 27 of record raised same point in limine for the two claimants before the arbitrator, that they had already been paid in full and final settlement in terms of agreements signed. More
This is an appeal and a review against an arbitral award handed down on 13 February 2013 which quantified terminal benefits in favour of the respondents. The quantification emanated from an earlier award, handed down on 2 March 2012, in terms of which the appellant was ordered to pay terminal benefits to the respondents. More
