The applicant, a 19 year old young man was convicted on his own plea of guilty to having sexual intercourse several times and on diverse occasions with a young person aged 15 years until she fell pregnantin contravention of section 70 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The Regional Magistrate sentenced him to the minimum mandatory sentence of 10 years because he had been found to be HIV positive in terms of s 80 of the same Act. Aggrieved with the sentence he duly noted an appeal to this Honourable Court under case number CA947/15. He... More
The court allowed the appeal in this matter in default of the respondent’s filing of a response in time and not explaining to the court’s satisfaction why it so defaulted. This judgment sets out the full reasons why the court decided as it did to hand down the said default judgment.
The background to the matter is that the appellant employee noted his appeal with the Labour Court on 12 February 2015. On that same date the Registrar of the Labour Court invited the respondent to file its response to the appeal. The respondent received the request on 13 February... More
This appeal was dealt with on the record in terms of section 89 (2)(a)(i) of the Labour Act, [Chapter 28:01] (the Act). It is an appeal against an arbitral award handed down on 4 April 2014, in terms of which the appellant was ordered to reinstate the respondent without loss of salary and benefits, or pay him damages in lieu of reinstatement. More
The three respondents were employed by the appellant at various times and in various capacities. The first respondent was employed as a security guard in May 2011. The second respondent served as a receptionist/clerk with effect from June 2013 whilst the third respondent was employed as a general worker in January 2013. More
This judgment relates to an application for review and an appeal. These were heard as consolidated. In my judgment, I will start off with the common background facts, and then deal with the application for review and finally the appeal. More
The applicant was employed as an analysis clerk of the respondent.
On or about 24 March 2016, the applicant was suspended from duty on allegations of committing gross negligence in terms of the Code of Conduct for the Transport Operating Industry, Statutory Instrument 67 of 2012.
A disciplinary hearing was held on 14 April 2016. The disciplinary committee found the applicant guilty as charged but was deadlocked regarding the appropriate penalty.
The matter was then referred to the division operations manager. On 28 April the division operations manager confirmed the guilty verdict and pronounced a dismissal penalty with effect from... More
This is an application for condonation of the late filing of an appeal by the applicant employer against an arbitral award which was made in the respondent employee’s favour.
The background to the matter is that the respondent attended at arbitration on a matter where he claimed non payment of overtime worked. Conciliation efforts had failed to resolve the matter thus leading to the reference to arbitration. It was concluded that indeed respondent had to be paid overtime calculated using the documents which were tendered to the arbitrator on the quantum. More
