This is an application for condonation of late noting of an appeal. The background to the matter is that appellant who was in the respondent’s employment was charged with acts of misconduct and taken before a disciplinary committee which found him guilty of the misconduct and dismissed him from employment. He lodged his appeals internally without success. He then appealed to the labour court within the time lines set out by the rules but ended up withdrawing that appeal after the employer successfully challenged some of the appeal grounds which he had placed before the court. He is still desirous... More
The salient facts upon which this application must be determined are common cause. The applicant is the Executrix Dative of the estate late Memory Ngwenya who passed away on the 18th of July 2021. She was appointed to that office on the 18th of November 2021. During her lifetime, the late Memory Ngwenya had been the sole shareholder and secretary of the 1st respondent company. She was one of the two directors of the 1st respondent. After her demise, there was a Curator Bonis who was appointed by the Master of High Court to prepare a report about her assets. More
This is an appeal against the respondent’s employer’s decision which resulted in appellant losing her job following allegations that she had performed her duties below what was expected of her by letting 10 000 pens leave dispatch without proper invoicing and 40 rulers also leaving without proper invoicing. The appellant’s contest is on 2 fronts that is she contests the guilty verdict and she also contests the dismissal penalty. More
This is an application for condonation for late noting of an appeal at the instance of the applicant employer. The background facts are that, the respondent employee who was in the applicant’s employment as a location accountant, was charged with dishonesty and being an accessory to bribery, bribing or attempt thereof and professional misconduct in relation to the aspects of work in contravention of the S.O.S employment Code of Conduct. More
The matter was referred to the designated agent to deal with claims raised by the appellant’s employees. The employees were employed in various capacities. The employees alleged that they had their contracts of employment unfairly terminated by the appellant, further, the employees alleged that they were being underpaid. More
Applicant filed with this court an application which it styles” Chamber Application” to rectify a defective notice of appeal and reinstatement of the appeal. This application was made following a striking off order of 20 May 2024 where the applicant’s appeal was struck off the roll for the reason that it was in breach of rule 11(a) as amended by Statutory Instrument 3 of 2023. It is the above described application which is the subject of this judgment.
The brief background of the matter is that the employee one Chimuka was dismissed from employment by the applicant employer. More
The applicant was indicted before the High Court on a charge of murder as defined in s 47 of the Criminal Law Codification and Reform Act [Chapter 9:23]. The allegation against him was that on 11 April 2017 he caused the death of one Gugu Mkwananzi (the deceased) by striking him with a wooden stool. The applicant pleaded not guilty and a trial ensued. More
