The Appellant was dismissed from the Respondent’s employment for absence from work for a period in excess of seven (7) days without either advising the Line Manager or having satisfactory reason. This was a violation of the applicable Code.
It is not disputed that the Appellant was absent from work for the period between 25 October 2008 and 7 November 2008 (thirteen 13) days). More
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
