The matter was placed before me as an application for review. The application is premised on Rule 20 of the Labour Court Rules, 2017. Although the application was filed and served on 1st and 2nd Respondent on the 13th of September 2019 both 1st and 2nd Respondent had not filed Notices of Response to the application in terms of the Rules of Court. The Registrar of Court proceeded to set down the matter as compelled by Rule 28 of the Labour Court Rules, 2017: Statutory Instrument 150 of 2017. On the date of hearing however 1st Respondent appeared in person... More
This judgment relates to an application for condonation of the late filing of a founding affidavit in an application for rescission of judgment and an application for the rescission of the judgment which was made in the respondent (employee’s) favour in default of the applicant (employer). More
This is an application for rescission of a judgment handed down in a case where the respondent employees had applied for quantification of damages due to them following an order by the Labour Court that they be reinstated to their original positions without loss of benefits and pay.
Background to the matter is that the respondents who were in the applicant’s employ were charged with acts of misconduct at the workplace. Following their disciplinary hearing they were dismissed from employment. They appealed against their dismissal and ended up at the Labour Court appealing against that dismissal. At the Labour Court... More
This is an appeal against a determination by the Respondent Appeals Authority handed down on the 12th of February 2015 but received by Appellant on the 2nd March 2015. The appeal is opposed.
The Appellant was employed by the Respondent as a Shift Manager. He appeared before a Disciplinary Authority on the 10th of July, 2008 facing charges of misconduct i.e Section 4 (a) of Statutory Instrument 15 of 2006. The allegations were that the Appellant had, following a spot check, been found with a negative variance of Z$80 Billion and Z$8 billion. The Disciplinary Authority referred its determination to... More
Appellant in this matter appealed to this court seeking an order to have the Respondent company’s decision to dismiss him following allegations of misconduct set aside.
The facts of the case are that Appellant who was employed by the Respondent company as a Senior Stores Clerk was charged on 21 October 2011 with 3 counts of contravening the Respondent’s Code of Conduct. On 28 October 2011 he was brought before the disciplinary hearing committee which deliberated his case and found him guilty on the acts of misconduct complained of. Following the guilty verdict, the Appellant was dismissed from his employment.... More
