This matter was set down as an application for condonation of late noting of an appeal and stay of execution of an National Employment Council (“NEC”) award which confirmed the dismissal of the Applicant (“employee”) from the Respondent’s (“employer”)’s employment on allegations of contravening the employment Code of Conduct. More
The Appellant was employed by the Respondent. He was arraigned before a Disciplinary Committee on the 17th of May, 2011 to face two charges under the relevant Code of Conduct. He was charged under Section 9.2.4.ii of the Code of Conduct for having absented himself from work without reasonable excuse from 1 to 2 April, 2011 and from 9 to 26 April, 2011. On the second charge under Section 9.2.4.xvi the Appellant was alleged to have wilfully disobeyed a lawful order by a superior in that when asked to write a report on his absence he had refused to do... More
This is an application for leave to appeal to the Supreme Court. The application is at the instance of the applicant bank which was irked by the labour court’s decision to dismiss its appeal where it challenged the decision of the NEC Appeals board decision to remit a labour dispute between the employee and the bank More
This is an appeal against the decision of the NEC Appeals Committee for the banking sector. The background to the matter is that NEC got seized with the matter after the respondent employee and the appellant employer had been before the hearing officer and before the Grievance and disciplinary Committee (GDC). Before the hearing officer and before the GDC the employee had been found guilty of conduct inconsistent with her duties and she had been duly dismissed from employment. More
