This is an appeal against a decision by a Disciplinary Authority (DA) appointed by the appellant. (In this judgment the terms DA and Tribunal/Lower Tribunal will be used interchangeably). The respondent is an employee of the appellant. Misconduct charges were preferred against him. Disciplinary proceedings were conducted against him by the DA. At the conclusion of the proceedings the DA acquitted the respondent. The appellant was aggrieved by that outcome and has noted an appeal against that decision. More
The brief history of this case is that Respondent was employed on a three (3) month contract as a Loss Control Assistant. The contract was renewed many times. The Respondent is denying that he signed the last written contract which was going to expire on the 31st December 2011. He is alleging that he worked under a contract which did not state the date of expiry. Respondent has therefore submitted that he was unduly terminated. Conciliation proceedings could not produce a settlement and the matter was referred for arbitration before Honourable Arbitrator Chimhuka. More
This matter was set down on appeal at the instance of the appellant in a decision which was made in favour of the respondent employee. On the hearing date the respondent argued that the appeal was bad at law as it did not set out points of law as envisaged by section 98 (1c) of the Labour Act. It is only that preliminary point which is addressed by this judgment. More
This is an application for rescission of a default judgment handed down by this Court on 5th June 2014.
The background to the matter is that the Applicant employer appealed to the Labour Court against an arbitral award made in favour of the Respondent employees in relation to the employee’s housing allowance and non-pensionable allowances. On the set down date for the appeal the Applicant’s legal practitioners did not attend court leading to the Court granting the default judgment in favour of the Respondent employees. More
Respondents obtained an arbitral award in their favour which award was appealed against on 6 December 2013. Appellant’s heads of argument were due within fourteen (14) days of receipt of the notice of response but were not filed. Respondents applied for the dismissal of the appeal in terms of Rule 19 (3) (a) of the Labour Court Rules SI 59/2006. The application was granted and the appeal was dismissed on 14 July 2013. More
