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
The applicants intend to appeal against an arbitral award, which award was issued on the 23rd September, 2013. This application for condonation was filed in this Court on the 2nd May, 2014. This is a delay of 7 months. More
This application for review was filed on 30 September 2013. The grounds for review are;
1. In hearing and determining the matter before her, the Honourable Arbitrator demonstrated that she was motivated by malice.
2. There was gross irregularity in the proceedings, more particularly in that the Arbitrator invoked the wrong Statutory Instrument.
3. There was violation of the rules of natural justice, more particularly the audi alteram parten. More
