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Court Judgements



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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

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