This is an application for quantification of damages awarded to the applicant. Applicant had been dismissed from employment on 11 April 2014 following a disciplinary hearing on misconduct. After the dismissal applicant appealed to the Appeals Officer and the appeal was dismissed. Applicant further appealed to the National Employment Council for the Chemicals and Fertilizers Manufacturing Industry (NEC). The NEC Appeals Committee upheld the appeal and ordered respondent to reinstate applicant without loss of wages and benefits from the date of dismissal. In the alternative parties were to negotiate damages in lieu of reinstatement. In the event of failure to... More
The charges for which Appellant was found guilty and dismissed from Respondent’s employ were:
- Any act or conduct or omission inconsistent with express or implied conditions of the employee’s contract.
- Being dishonest in the performance of normal duties. More
Appellant was employed by the Respondent as the logistics and Distribution Manager. On 4 March 2010 he was suspended from employment without salary and benefits on the basis of misconduct. On 8 March 2010 he was charged with three counts of misconduct. The allegations were that between 5 and 20 January 2010 he signed loading instructions for Salt Lakes Transport without a valid contract. He was accused of not exercising the required due diligence when executing his duties in relation thereto. Appellant’s alleged laxity and over delegation, over-trust and over-reliance on subordinates led to the loss of 120 metric tonnes... More
The plaintiff sued the defendant for the delivery of a Mercedes Benz silver in colour identified as bearing engine number 64796130063151 and chassis number WDB2110162A313171 and vehicle registration number ADI 289 alternatively and on failure of full and timeous compliance with the order for delivery of the vehicle that the defendant pay to the plaintiff the sum of US$50 600.00 with interest at the prescribed rate from date of service of summons to date of full payment and costs of suit at attorney-client scale.
Although in her evidence during trial the plaintiff denied having been in a love relationship with... More
This is an application for condonation of late noting of an application for rescission of judgment. Facts giving rise to the instant application are that the applicant employee lost her job with respondent employer following allegations of misconduct in breach of the respondent code of conduct. She appealed to arbitration without success. This drove her to appeal to the Labour Court on 24 November 2014 against the arbitral decision. She however failed to file her heads of argument on the appeal on time. This prompted the respondent to pray for a dismissal of the appeal for want of prosecution. To... More
This is an appeal against an arbitral award issued on 5 August 2015. Appellants are employees of respondent. From March 2012 to March 2015 respondent failed to pay appellants’ salaries. Appellants were aggrieved and referred the matter to conciliation and thereafter arbitration. The arbitrator awarded appellants amounts less than what they had claimed. More
