The hearing commenced with the applicant making an application for the uplifting of a bar. The applicant was barred for failure to file heads of argument in terms of the rules. The application for the upliftment of the bar was opposed. Accepting that the failure to file heads was due to a junior legal practitioner leaving the practice of the applicant’s legal practitioners without proper handover, I decided that it was in the interests of justice for me to grant the application. I granted the application with costs on a legal practitioners and client scale. More
This is an application for quantification of benefits following an order by this court that;
“Applicant is to be reinstated to his former position without loss of salary and benefits.
In the event that reinstatement is no longer possible, Respondent is ordered to pay damages in lieu of reinstatement ----“
Respondent opted to reinstate Appellant. Appellant has since been reinstated into his former position. Appellant was paid his backpay. Allowances were not paid. Applicant is claiming $26 266.00 in respect of accommodation, mileage and lunch. Applicant also prayed for costs of suit. More
This is an application for rescission of a judgment entered by consent of both parties on the 1st of October 2012.
After the consent judgment was entered Respondent was reinstated and was to be paid some stated monies as damages. However on the 21st of November 2012 Respondent resigned from Applicant’s employ. Respondent stated the reason for his resignation as that he was running a casino which he had been running since his dismissal. Upon receipt of the resignation letter Applicant was of the view that the reason for resignation showed that Respondent had found alternative employment. Therefore he was... More
This matter was set down in terms of rule 19(3) (a) of the Labour Court Rules. Appellant had filed heads of argument at the time of hearing. Counsel for Appellant applied for condonation for late filing of such heads. Respondent did not oppose the application. Respondent had also filed his heads on the date of hearing. Both parties consented to having the matter heard on the merits. They indicated they were prepared to argue the matter. I decided to hear the matter on the merits. More
The matter was placed before me as one for quantification of damages pursuant to an order by the Labour Court granted on 20 January, 2006 the operative part of which reads as follows;
In the result the appeal is dismissed the decision appealed against is hereby confirmed. Save to add that should reinstatement no longer be an option, CABS is ordered to pay Rugwete her back pay and benefits with interest plus damages for loss of employment. Should the parties fail to agree on the damages payable, either party can approach this court for quantification More
The brief history of this matter is that the Appellant joined the Respondent in August 1994 as a general hand. He was charged with two (2) counts of fraud that is contravening Clause 11:5 (f) of SI 171 of 2010 Collective Bargaining Agreement. More
The Appellant was summarily dismissed in August 2010 in contravention of Statutory Instrument 15 of 2006 which applies to employers and employees without registered Codes of Conduct. He took his case to arbitration and on the hearing date the respondent did not turn up. The Arbitrator ruled in his favour but when it came to the award, she only granted the Appellant leave pay, notice pay and arrears for underpayments. She did not award him anything as damages for wrongful dismissal; neither did she award him any back pay from the date of the unlawful dismissal to the date of... More
