This is an application for condonation of late filing of an application for confirmation of a ruling issued by the Applicant in the dispute between the1stand 2nd Respondent. The application is opposed by the 1st Respondent. The 2nd Respondent has not responded to the application. The 2nd Respondent, was also in default on the date of the hearing despite proper service having been effected on her. More
The Applicant is a former employee of the 1st Respondent. He was employed in the capacity of ICT Manager in April 2012. On the 5th of July 2021 the 1st Respondent served him with a suspension letter and a charge sheet. The 1st Respondent levelled a charge of breach of section 4(a) of the Labour (National Employment Code of Conduct) Regulations 2006 (Statutory Instrument 15 of 2006) i.e. (a) any act or conduct or omission inconsistent with the fulfilment of the express or implied conditions of (your) contract. More
This is an application for review based on the following grounds:-
1. The Respondent without following due process of law withheld applicant’s salary from October 2019 when he was not sitting on a suspension without pay, court order or termination of employment.
2. The decision of the Respondent to dismiss applicant whilst he was sick and bed ridden was unprocedural and violates the principle of natural justice and constitutes a serious procedural impropriety which violates principles of natural justice particularly the audialterampartem principle.
3. The Respondent committed gross procedural irregularities by convicting and dismissing applicant against the medical report advising... More
This is an appeal against the decision of the respondent to discharge appellant from service following conviction for misconduct. Appellant was a nurse aid at Karoi Hospital. He was charged and convicted of improper or discourteous behaviour including sexual harassment. He was also charged and convicted of committing an act or omission inconsistent or prejudicial to the discharge of official duties. The Disciplinary Committee recommended his dismissal. The Disciplinary Authority agreed with the recommendation and discharged him from service. Appellant subsequently appealed to the respondent which appeal was not successful. Appellant then appealed to this Court on 16 October 2012... More
This is an application for review brought by a losing employee in a matter that was before a Labour officer in terms of section 93 (5a) and (5b) of the Labour Act Chapter 28:01 (the Act). The application is in terms of section 92EE (C) of the Act as amended by Act No.5 of 2015. Section 92EE (C) says that one of the grounds for review before the Labour Court is“gross irregularity in the proceedings or the decision of the arbitrator or adjudicating authority concerned.” More
