This is an application for interim relief made in terms of s 92 E (3) of the Labour Court Act (“the Act”), for the suspension of an order granted by the first respondent.
Before the matter proceeded into the merits, the third respondent raised four points in limineand the applicant raised one point inlimine. This judgment therefore addresses the five points in limine raised by the parties.
The first point in limine raised by the third respondent is that the appellant is barred and cannot approach this court for interim relief since it did not file heads of argument in... More
On 20th March 2014 Applicant filed an application for interim relief in terms of Section 92 E (3) of the Labour Act [Cap 28:01]. The application was responded to on 10th April 2014. Both parties filed Heads of Argument and the matter was set down for hearing on 12th May 20-14.
On 5th May 2014 Applicant filed a notice of withdrawal without tendering Respondent’s wasted costs. On the following day Respondent wrote to the Applicant pointing out that the purported withdrawal is defective and gave 48 hours within which Applicant should tender costs failing which the Respondent would pursue the... More
This is an appeal against the National Employment Council for the Chemicals and Fertilizers Manufacturing Industry’s determination reinstating the Respondent in the Appellant’s employ.
The Respondent was employed by the Appellant company as a truck packer. The circumstances leading to the charge are that a truck driver employed by another company contracted by the Appellant was found with thread used to thread fertilizer bags by the Appellant Company. This truck driver, one Magodora indicated that he had been given the thread by the Respondent. It is common cause that, the thread belonged to the Appellant Company. The Respondent was charged... More
This is an appeal against the decision of the Managing Director sitting as a final determining authority in terms of the Code of Conduct for the transport industry. The Managing Director found the appellant guilty of misconduct and dismissed him with effect from 3 March 2022. More
