This is an application in terms of Rule 19(3)(a) of the Labour Court Rules, 2006.
The Applicant submitted that in terms of the said Rules of Court the Appellant was supposed to file within 14 days of filing of the notice of response, its heads of argument. It was submitted further that the Respondent filed their notice of response on 15th July 2013 and it was served on the Appellant on the 16th July 2013. The Respondent failed to file its heads as required by the Rules of Court and is thus barred. The appeal in the main matter should... More
Applicants applied for condonation of late filing of an application for review. The respondent opposed the application. I will deal with the matter under two (2) sub- titles namely “Delay” and “Prospects”. More
Proceedings in this matter were instituted by way of a Notice of Appeal. The original copy is filed of record. It was date-stamped on 24th February 2014. It has a space for the signature of the person noting the appeal. It is common cause that the person who signed on that space is Ms P. Beta who appeared in this Court as the representative of the Appellants. She works for the Appellants’ trade union that is Detergents, Edible Oils and Fats Workers Union. In terms of section 92 (b) of the Labour Act [Chapter 28:01] (thereafter called the Act) a... More
This is an application for rescission of a judgment that was granted by this court on 17 September 2012. The judgment was granted in favour of the respondent after applicant failed to file its Heads of Argument within the time limit required by the Labour Court Rules. More
The Applicant was engaged by the Respondent as a Laboratory Technician at its Lynx Mine. It is alleged that the Applicant absented himself from work resulting in his dismissal. The letter of dismissal is dated 14 January 2013. The application for condonation was made on 11 December 2013, some eleven (11) months later. More