This is an appeal against the decision of National Employment Council Appeals Committee that was issued on the 20 February 2014. The National Employment Committee ruled in the respondent’s favour and ordered as follows;
“1. That the charge of Part C (23) is hereby set aside and substituted with Part A (4) which is for “Negligent performance of duties with minor consequences” and which warrants a verbal warning on first breach
2. Reinstatement is to be effected from the date of the National Employment Council’s determination and it is without back pay.
3. Alternatively, the employer can pay damages in... More
This is an appeal against a decision of the Negotiating Committee handed down on the 3rd October, 2011 by which the Appellant was ordered to reinstate he Respondent without loss of salary and benefits from the date of dismissal. More
It is not clear who is alleged to have violated the afore-quoted provisions. Was
it the respondent? Further it is not clear how the provisions were allegedly violated. This raised questions about the validity of the Notice of Appeal. The notice is required to have cognizable grounds of appeal. The notice in casu is very vague to say the least. Such notice should not leave the Court to speculate on what it is that the appellant requires to be determined by the Court. It is the duty of the appellant to set out clear, concise and cognizable grounds of appeal.... More
At the conclusion of the oral submissions the Court dismissed the appeal stating that the reasons would follow. The following are the reasons.
Appellant was employed by the Respondent. He is alleged to have been arrested whilst in possession of a quartzite stone. A subsequent Disciplinary Committee hearing found him guilty and he was dismissed. More
