This is an application in terms of Section 93 (5) (a) of Labour Amendment Act No 5 of 2015 for the confirmation of the ruling made by the labour officer in a matter pitting MthandazaSibanda and Stratia Beverages. The argument giving rise to the decision by the labour officer was around issues that the employer had deducted certain moneys from the employee’s salary outside what the law provides for. It was also accused of reducing the employee’s salary unilaterally. More
The appellant in this case was charged with an act of misconduct by her employer, the respondent.
She was found guilty and the employer imposed the following penalty:
“that she should not be promoted to the next grade for the next five (5) years.”
She was aggrieved with both the conviction and the penalty and she noted this appeal.
The facts of the matter are common cause. More
This is an appeal against an arbitral award handed down on 16 July 2013, in terms of which the appellants’ claim that they were unlawfully dismissed and that they were owed terminal benefits was dismissed More
This is an application for reinstatement of a matter which was struck off the roll on 27 May 2015. The precise terms of the order made were
“The appeal be and is hereby struck off the roll it being invalid for failure to comply with section 98 (10) of the Labour Act.”
I reserved my ruling on the matter after deciding that I would proceed to determine the matter on the papers filed of record. Both parties filed heads of argument which clearly outline the submissions intended to be relied on and the authorities to be cited. I declined the... More
This is an appeal against the decision of the Disciplinary Appeals Committee that upheld the decision of the Disciplinary Committee to dismiss the Appellant from employment after committing a number of misconducts. More
This is an appeal at the instance of the appellant employee against the decision of the respondent’s appeals body. The facts giving rise to the matter are that the appellant was accused of breaching respondent code of conduct by receiving $5 parking fees for parking a bus at the designated car park yet he went on to pay an amount less than the $5 which he received. He was brought before a disciplinary committee which reached a deadlock in respect of his guilt but was subsequently found guilty because of the chairperson’s casting vote. He was consequently dismissed from employment.... More
The respondent was employed by the appellant as a Debtors Clerk. Her duties included amongst others, the collection of payments from debtors. During the year 2012 appellant suspended respondent on allegations of misconduct. She was subsequently arraigned before a disciplinary authority on 16th January 2013 facing allegations of breach of Sections 4(a) and 4(f) of the National Code i.e. Statutory Instrument 15of 2006. She was subsequently dismissed from employment following her conviction on the charges. Respondent noted an appeal against the determination. The Appeals Authority handed down a decision dismissingthe respondent’s appeal. More
