This is an opposed application for leave to appeal to the Supreme Court against the decision of this Court. The Applicant who was the Respondent in the main matter failed to file Heads of Argument within the prescribed time in terms of Rule 19 (3) (2) (a) (ii) of the Labour Court Rules. The applicant was barred in terms of Rule 19 (3) (b) of the rules and an order was issued in favour of the Respondent. More
The appellant was employed by the respondent on a contract of employment without limit of time in May 2004. In March 2007 the respondent decided to place all its managerial employees on fixed term contracts. His position and responsibilities as Chief Internal Auditor did not change. The fixed term contract was to run for a period of three years. More
On 1 July, 2011, the Appellant was observed by C. Mudyiwa and K. Chimbangu coming from the Traditional Canteen, holding a parcel wrapped with uniforms. Mr Mudyiwa told K. Chimbangu his Supervisor to follow him to the changing room. When Chimbangu got to the changing room, he observed that the parcel which the Appellant had been holding were 2x2kg packets of sugar. The Appellant was asked where he got the sugar from by Mr Mudyiwa and he said he took it from the Traditional Canteen. More
This is an application for review. The following are grounds for review.
‘1.The Disciplinary Authority lacks jurisdiction to preside over the matter since the applicable code of conduct sets up an appropriate disciplinary committee with jurisdiction and which is different from this disciplinary authority. More
