This is an appeal against an arbitral award. The grounds of appeal can be summarized as follows:-
1. The Arbitrator misdirected himself on the law by shifting the burden of proof from Respondent to Appellant.
2. The Arbitrator erred on a question of law by basing his decision on the parties written submissions without holding an oral hearing.
3. The Arbitrator erred in finding that Respondent be paid a gratuity.
4. The Arbitrator misinterpreted Section 125 of the Labour Act. It does not oblige employers to prove cases for employees. More
The respondent was employed by the appellant on a fixed term contract valid for a year – from January 2013 to December 2013. During the course of her employment she applied for maternity leave. Such maternity leave was granted for the period November 2013 to 31 January 2014.
When the contract expired by the effluxion of time while respondent was still on leave, appellant advised her of the same. The appellant also advised the respondent that her contract would not be renewed. The respondent challenged the non-renewal of her contract. Her challenge was based on the fact that she had... More
- Appellant was employed by the respondent as its Operations Manager at Avenues Clinic.
- On the 4th of June 2015 appellant was suspended from work without salary and benefits.
- Appellant was eventually charged with theft or fraud in terms of Section 4 (a) “Any act of conduct on omission inconstant with the fulfillment of the express or implied conditions of his or her contract”. The charges were based on allegations that the appellant had encashed leave days in excess of the available leave days and also that she had defrauded the company of US$5 520,00. More
This is an appeal against an arbitral award which dismissed appellant’s claims against the respondent. Appellant was employed by respondent from 2 May 2009 to 7 April 2015 when he was dismissed following charges of misconduct. Appellant was a till operator. After his dismissal appellant made a claim of alleged under payment of wages and non-payment of overtime. The arbitrator dismissed the claim on the basis that appellant had failed to prove his claim. Appellant was disgruntled and filed this appeal. More
The appellant was employed as an accounts clerk in the Ministry of Justice, Legal and Parliamentary Affairs. He performed his duties at the Deeds Registry. His duties included calculating stamp duty receipting the monies received and filing documents for registration of title deeds.
Following allegations of fraud in that appellant under receipted public funds received he was charged in terms of the Public Service Regulations, 2000. Five charges were initially preferred against the appellant. More
This is an appeal against an arbitral award.
The appellant was initially employed by the respondent as a general hand in October 2001. He was then transferred to respondent’s Pomona Service Station where he worked as a forecourt attendant until 3 March 2011 when the employment relationship was terminated.
It is the respondent’s case that the appellant voluntarily resigned by tendering a resignation letter. More
In argument before this court respondent focused on appellant’s failure to exhaust domestic remedies. Appellant did not give a written response to the argument. In his oral submissions he simply stated that he was advised to appeal to this court. As he appeared in person, he was apparently unaware of the requirement to exhaust domestic remedies.
Indeed such remedies are provided for by the National Employment Code enacted as S.I. 15/06. Section 8 of the Code provides for an appeal to an Appeals Officer against the decision of a Disciplinary Committee (DC). Appellant in casu was aggrieved by the decision... More
