The matter was set down before me as an application for dismissal in terms of Rule 19(3)(a) of the Labour Court Rules, 2006.
When the parties appeared it was submitted by the respondent that the appellant having filed heads out of time the appellant was automatically barred and the court was urged to proceed to determine the matter on the merits.
The appellant through counsel however submitted an oral application for condonation. It was submitted on its behalf that there was a reasonable explanation for the delay in filing heads. The matter was being handled at appellant’s legal counsel firm... More
This is an appeal against a decision of the appeals board of the Chemicals and Fertilizers Manufacturing Industry handed down on 26 August 2013.
Respondent is a former employee of the appellant. He was employed as a machine operator in the production department until his dismissal on 29 May 2013 which was effective from 22 April 2013 being the date of suspension. More
This matter was set down as an appeal by the appellant against the setting aside of the respondent’s dismissal by the N.E.C. appeals committee for the Chemicals and Fertilisers Manufacturing Industry.On the set down date the appellant made an oral application for the condonation of its late filing of the heads of argument in the matter. It is the condonation application which is the subject matter of the instant judgment. More
On 23 July 2014 the Appeals Committee of the NEC for the Chemicals & Fertilizers Manufacturing Industry made a determination. It ordered Appellant to reinstate Respondent’s employment or pay him damages in lieu of reinstatement. Appellant then appealed to this Court against the determination. Respondent opposed the appeal. More
This is an appeal against the findings of the Appeals Committee which confirmed Appellant’s conviction and dismissal on the following charges;
(1) willful and serious breach of established, documented and published company rules procedures and regulations and standing instructions including till procedures, safety rules security measures, customer care rules and motor vehicle policies amongst others; and
(2) Gross incompetency or inefficiency in the performance of work. More
