This matter was set down in terms of section19 (3)(a) of the Labour Court Rules. Appellant was served with the notice of response on 20 March 2010. Appellant filed its heads of argument on 20 February 2013 when it was already barred. No upliftment of bar had been granted before filing of such heads. More
The appeal is against an arbitral award handed down on 9 July 2008 wherein the Appellant was directed to reinstate Respondent without any loss of pay and benefits with effect from the date of suspension or be paid damages in lieu of reinstatement. More
This is an application for leave to appeal against the decision of this court to dismiss the applicant’s appeal against the decision of Honourable Arbitrator Professor Madhuku’s award that was handed down on 14 August 2014.
The applicant has submitted to this court that it has prospects of success on appeal in that:
(i) This court erred at law when it made the finding that the appellant’s Disciplinary Authority was not properly constituted.
(ii) The court erred at law when it failed to distinguish a “disciplinary authority” from a disciplinary committee thereby wrongly ruling that the appellant’s Disciplinary Authority was... More
The appeal was noted against the Arbitral Award by the Honourable Matanhire F. handed down on the 16th of March 2015.
The respondent was employed by the appellant as a Laboratory Technician. He appeared before a disciplinary authority on the 21st of December 2013 to face a charge of FRAUD the allegations being that the respondent did not log in his time of arrival a process which was normally undertaken at the appellant’s main gate. The respondent was alleged to have temporarily left his work station and deliberately avoided using the main gate so that his absence would go unnoticed.... More
This matter involves 2 appeals which were consolidated for ease of reference during their argument. These pertain to an appeal against an arbitral award and an appeal against a quantification of that arbitral award. The parties are the same and the labour dispute is the same which gave rise to the decisions now under appeal. More
