Court Judgements
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This is an application for the review of disciplinary proceedings conducted in the applicant’s case on charges levelled against him by the respondent employer. More
This is an application for Interim Relief pending an appeal made in terms of Section 92E(3) of the Labour Act [Cap 28:01] (the Act). More
The matter was placed before me as an appeal against a determination handed down by the National Employers Council for the Tobacco Industry – Grievance and Disciplinary Committee on the 24 April 2014 which determination set aside the penalty of dismissal and substituted that with a final written warning. The Appellant was further directed to reinstate the Respondent without loss of salary and benefits or in the alternative pay damages in lieu of reinstatement. The parties were directed to, in the event of the latter option, agree on the damages payable failing which they were to refer their matter back... More
The appellant in this case was employed by Braeside Spar as a counter hand. She was charged for lack of skill which she expressly held herself out to possess.
The facts leading to this allegation against her were that, on 29 October 2012 the respondent failed to serve a client in a manner that was expected of her, leading to the client lodging complaints against her with management. More
This is an application for condonation of late noting of appeal against the decision of Honourable Arbitrator Ndomene which was issued on the 16th of May 2012. The Arbitrator confirmed the Respondent’s ruling to dismiss the Applicant from employment.
The Applicant has given his reasons for the delay. He stated that he was in the rural areas and he could not pay the Arbitrator. He has also stated that he has prospects of success because his absenteeism was due to illness during a period when the country was going through an economic meltdown. The Applicant also stated that the 2nd... More
On the 13th August 2014 the court granted an order dismissing the application for condonation of late noting of review filed by the Applicant. The Applicant having requested reasons for the order these are they. More
In a judgment LC/H/278/13 dated the 28th June, 2013, this Court remitted Applicant’s appeal for a re-hearing by an appropriate works council appointed sub-committee. The appeal was to be considered within 45 days of receipt of the judgment. More
