At the commencement of the hearing the applicant abandoned preliminary issues which he had raised. The respondent too raised a preliminary point. It was persisted with.
Preliminary point
[2] The preliminary issue was that the applicant approached the Court prematurely as he had not exhausted domestic remedies. The Court’s attention was drawn to a letter dated 28th June 2024 which the respondent wrote the applicant. The letter is titled “Re : NOTICE OF TERMINATION OF EMPLOYMENT”. More
This is a combined application for review in terms of Section 92EE as read with Rule 20 of the Labour Court Rules, 2017 of the internal disciplinary proceedings held against the Applicant and an appeal in terms of Section 92D as read with Section 92E of the Labour Act [Chapter 28:01] read together with Rule 19 of the Labour Court Rules, 2017.against the determination handed down on the 9th of August 2024. More
This is a combined application for review in terms of Section 92EE as read with Rule 20 of the Labour Court Rules, 2017 of the internal disciplinary proceedings held against the Applicant and an appeal in terms of Section 92D as read with Section 92E of the Labour Act [Chapter 28:01] read together with Rule 19 of the Labour Court Rules, 2017.against the determination handed down on the 9th of August 2024. More
Applicant applied to this Court for condonation of a belated quest for review. Respondent opposed the application. He worked for the Respondent as a Bookkeeper. He was charged with misconduct. A hearing was held in his absence. A guilty verdict was returned. The punishment therefor was his dismissal from employment. The termination letter is dated the 8th April 2019. This application for condonation was filed on the 1st October 2019. The intervening period amounts to six (6) months. The Labour Court Rules S.I 150/17 in Rule 20(1) require that a review be brought within twenty-one days from the date proceedings... More
This is an application for rescission of a judgment issued in terms of Rule 19(3) (a) of this Court’s Rules SI 59/2006.
On 6th November 2013 Applicant noted an appeal against an arbitral award dated 22nd October 2013. On 13th November 2013 Respondent filed its Notice of Response. In terms of Rule 19(3) (a) of SI 59/2006 Applicant was supposed to file heads of arguments within fourteen days of receipt of the notice of response. This Applicant did not do. On 17th December 2013 Respondent reminded Applicant of the provisions of Rule 19(3) (a) of SI 59/2006. Applicant did not... More
