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Laptop
Take out at book value”.
Judgment No. 29/18
Civil Appeal No. SC 524/14
Certain items like housing and clothing allowances were provided for in the following terms:
“….Housing Allowance – in terms of Bank Policy.
Clothing Allowance – in terms of Bank Policy.”
[3]
The above notwithstanding, the appellant refused to avail the vehicles and laptops to
the respondents reasoning that in terms of the respondents’ contracts of employment they were
not entitled to the same. The dispute was referred to arbitration and the Arbitrator ruled in
favour of the respondents.
The appellant’s appeal to the Labour Court was dismissed on 24 October 2012. The
judgment is date stamped 30 November 2012. In terms of the Labour Act1 an appeal on a point
of law only lay, with leave, to the Supreme Court. Any application for leave was to be made
within 30 days of the date of the judgment.2 No application was filed within that period.
[4]
On the 11 September 2013, the appellant filed an application for condonation of the late
filing of an application for leave to appeal to the Supreme Court. The reason for the delay was
said to be the failure of the office of the Registrar to notify the appellant or its legal practitioners
of the delivery of the judgment. No explanation was given by the appellant as to how it
eventually became aware of the judgment. The learned Judge found the delay to be inordinate
and the explanation for the delay unreasonable. Regarding the prospects of success, the learned
Judge after considering the contents of the retrenchment agreement as set out in the
ACKNOWLEDGMENT FORM as read with the judgment sought to be appealed against
concluded:
1
2
[Chapter 28:01]
Labour Court Rules 2006, Rule 36
2