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
Appellants are employed by Respondent in the Department of Roads at the Mt Hampden Camp. The facts show that 2nd Appellant permitted 1st Appellant to drive a motor vehicle belonging to Respondent and the 2nd Respondent was involved in an accident leading to misconduct charges being levelled against the two. Appellants are aggrieved by their being found guilty and have appealed to this Court in terms of section 51 (1) of the Public Service Regulations, 2006, Statutory Instrument 1 of 2000. More
This is an application for condonation of late filing of application for review. A dispute arose between the Applicants and the Respondent which was referred for conciliation. The parties could not agree and the matter was referred to arbitration. Applicants were employed on fixed term contracts which were not renewed when they expired. Applicants alleged that they were on contracts without limit of time and the termination of whose contracts on notice was irregular. The arbitrator ruled in favour of the Respondent, dismissing the claim for lack of merit. The award was rendered on 18 September 2013. More
This is an appeal against the determination of the National Employment Council”(Banking Undertaking)’s Appeals Board (NEC Appeals Board) handed down on 29 April 2011. The determination ordered the reinstatement of the respondent without loss of salary or benefits, reversing the appellant’s Disciplinary Committee’s penalty of dismissal. More
The Respondent was employed as a Captain. He was initially suspended for an alleged misconduct on the 18th of November, 2008. He was re-suspended by the Appellant on the 5th of December 2008 for three alleged acts of misconduct namely;
a) conduct on omission inconsistent with the fulfilment of the express or implied conditions of his contract.
b) absence from work for a period of five (5) or more working days without leave or more working days with leave or reasonable cause or alternatively;
c) habitual and substantial neglect of duty.” More
Applicant was dismissed from work after a disciplinary hearing held on 27 June 2013. He appeal internally and the appeal was dismissed on 23 July 2013. In terms of Rule 15 (1) of the Labour Court Rules, 2006, Applicant was required to appeal within twenty one (21) days from the date when he received the decision dismissing the internal appeal. Applicant only noted an appeal on 22 October 2013 after the stipulated time. On the same date the Applicant filed the current application for condonation of late noting of appeal. More
