condonationlate noting of appealreinstatementdisciplinary proceedingsNational Employment Council
Tags
condonationlate appealemployment code of conductreinstatement
legislation
Statutes Cited
None explicitly cited in the judgment
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether condonation for late noting of appeal should be granted","issue_type":"procedural","dispositive":"yes","related_facts":"Previous appeal struck off for absence of records; records now available"}
{"issue_text":"Whether determination based on extraneous facts is a point of law","issue_type":"law","dispositive":"no","related_facts":"NEC relied on report not used at shop floor level"}
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background
Facts of the Case
Background
The respondent employee was dismissed for dishonesty and professional misconduct. He appealed internally without success but succeeded at the National Employment Council which ordered his reinstatement. The applicant employer sought to appeal this reinstatement order but failed to do so timeously when the appeal was struck off for absence of records.
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