On 13 November 2015 at the hearing of this application for condonation of the late noting of an appeal by the applicant employer against the respondents employees, parties agreed that judgment be reserved on the basis that it would be written out based on the heads of arguments and other documents filed of record. This therefore is the judgment in that matter. More
This is an appeal against a determination of the National Employment Council (NEC) for the Tobacco Industry Grievance and Disciplinary Committee.
The second and fourth respondents were employed on seasonal contracts whilst the first and third respondents were employed on permanent contracts, by the appellant. More
This is an application for the review of a determination handed down by the National Employment Council Tobacco Industry Grievance and Disciplinary Committee (GDC) on 29 October 2015. The determination ordered the reinstatement of the respondents to their employment with the applicant, or payment of damages in lieu of reinstatement. More
This is an appeal against an award in favour of respondents.
Respondents were employed by the appellant on different dates. Their contracts were terminated and they complained of
- non payment of wages
- non payment of cash in lieu of leave
- non-payment of overtime
- Non-payment of holiday allowances
- Unlawful deductions; and
- Non-issuance of soap and show polish.
The matter was not settled at conciliation and was referred to arbitration. More
To borrow from the respondent, it is trite law that before reaching any finding, the court or tribunal must consider all the facts and this must be shown to be done.
Unfortunately in the case before me, it is not clear how the arbitrator reached the conclusion that the respondent had not signed the full and final settlement agreement.
The appellant’s submissions before the arbitrator on p 27 of record raised same point in limine for the two claimants before the arbitrator, that they had already been paid in full and final settlement in terms of agreements signed. More
This is an appeal and a review against an arbitral award handed down on 13 February 2013 which quantified terminal benefits in favour of the respondents. The quantification emanated from an earlier award, handed down on 2 March 2012, in terms of which the appellant was ordered to pay terminal benefits to the respondents. More
This is an appeal against the decision of an arbitrator, declining to grant condonation for the late noting of an application for rescission of judgment. More
