The material background facts to the matter are as follows; the Respondent was employed as a sales representative by Appellant. He was initially hired on a commission basis; a contract of employment was allegedly later signed between Respondent and one Jonathan Dube a farmer employee of the Appellant currently serving a jail term for defrauding the Appellant. More
The Appellant was charged with a violation of Section 38 of the Colcom Code of Conduct – Theft. He was convicted on the charge and a sentence of dismissal from his employment was imposed. He appealed unsuccessfully to the two internal appeal structures. He has now brought the present appeal to the Labour Court.
The appeal was noted initially on the basis of six grounds. At the hearing of the matter the Appellant’s Representative conceded that the first three grounds being essentially grounds for review were incompetent grounds. More
This is an urgent application for interim relief by the applicant in terms of section 92 C of the Labour Act [Cap 28:01] as read with rule 34 of the Labour Court Rules S I 59/06. More
The brief history of this matter is that respondent is a former employee of Econet Wireless. He was dismissed from employment in 2004. Respondent challenged his dismissal in 2010. The arbitrator found that the respondent was unfairly dismissed because he was not dismissed in terms of a Code of Conduct. The arbitration also found that there was no fair hearing because the there was no proof that respondent was accorded representation and that he was given adequate time to prepare for the hearing. More
The matter was placed before me as an application for quantification of damages. Although the matter was initially set down for the 26th March, 2012 the matter was postponed for at least four occasions to allow for negotiations with a view to an out of court settlement of the case. On the last date of hearing i.e. 16 October, 2013 the applicant was directed to place before the court proof of his claims for medical aid and school fees. The proof was to be tendered at the latest by the 25th of October, 2013. The respondent was also granted leave... More
