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18-Sep-2019 05:09

When an employee gives notice of their resignation to an employer, they is advising the employer that they will cease to work for the employer from a certain date.

The Commission for Conciliation, Mediation and Arbitration (the CCMA) is a statutory body created for the purposes of addressing employment law disputes through alternative dispute resolution mechanisms.

In ) salary had carried on uninterrupted for 23 years, it had become a custom between the parties, such that a party could seek its enforcement through judicial process.

Giving lucid conceptual clarifications on the power of the employer to suspend or dismiss an employee; the legal consequences of 'suspension'; and when an allegation of conflict of interest can be made against an employee, and the corresponding duty on the employer to establish the allegation of conflict against the dismissed employee, the court in held that the defendant bank failed to establish the conflict of interest and professional misconduct against the claimant to its satisfaction.

The Industrial Arbitration Panel (IAP) also set up by the TDA is responsible for settling any dispute referred to it by the Minister of Labour and Productivity (the Minister).

Any objection to an IAP award is taken before the NICN.

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Rather, it is dispersed in different legislation that together provides the framework.

Non-compliance with a condition precedent to the court exercising jurisdiction on a relief conferred on an employee under the Employee's Compensation Act 2010 was successfully raised and argued in A litigant who is not satisfied with the decision of the NICN can only appeal as of right where the decision relates to questions of fundamental rights as contained in Chapter IV of the CFRN or in criminal cases where they relate to matters upon which the NICN has jurisdiction.

Appeal in other matters shall only lie from decisions of the NICN to the Court of Appeal as may be prescribed by an act of the National Assembly and with leave of the Court of Appeal. cont C=651).16 The front-loading system is a requirement under the High Court Rules designed to ensure full research and knowledge of the facts of a case, with processes relating thereto and full preparation of evidence being brought to the attention of the court before the hearing of a suit.

The Court noted disapprovingly that even though the claimant sought a declaration that he was entitled to 'all his entitlements, salaries, allowances, bonuses, emoluments and other perquisites of office' from 17 September 2009, when he was suspended, to the date of the judgment, those were not shown in specific terms: ' I must stress that since the claimant's "entitlements, salaries, allowances, bonuses, emoluments and other perquisites of office" have not been proved before this Court, this Court cannot make any order in their regard.' The circumscribed jurisdiction of the NICN as an exclusive labour dispute resolution forum came up for consideration in a few cases in the year under review.

In many decisions on this point, the NICN reiterated that its prescribed jurisdiction does not extend to matters with claims dealing with tax, pensions and allied issues that the aggrieved employee often claims as ancillary to his principal claims.

Rather, it is dispersed in different legislation that together provides the framework.

Non-compliance with a condition precedent to the court exercising jurisdiction on a relief conferred on an employee under the Employee's Compensation Act 2010 was successfully raised and argued in A litigant who is not satisfied with the decision of the NICN can only appeal as of right where the decision relates to questions of fundamental rights as contained in Chapter IV of the CFRN or in criminal cases where they relate to matters upon which the NICN has jurisdiction.

Appeal in other matters shall only lie from decisions of the NICN to the Court of Appeal as may be prescribed by an act of the National Assembly and with leave of the Court of Appeal. cont C=651).16 The front-loading system is a requirement under the High Court Rules designed to ensure full research and knowledge of the facts of a case, with processes relating thereto and full preparation of evidence being brought to the attention of the court before the hearing of a suit.

The Court noted disapprovingly that even though the claimant sought a declaration that he was entitled to 'all his entitlements, salaries, allowances, bonuses, emoluments and other perquisites of office' from 17 September 2009, when he was suspended, to the date of the judgment, those were not shown in specific terms: ' I must stress that since the claimant's "entitlements, salaries, allowances, bonuses, emoluments and other perquisites of office" have not been proved before this Court, this Court cannot make any order in their regard.' The circumscribed jurisdiction of the NICN as an exclusive labour dispute resolution forum came up for consideration in a few cases in the year under review.

In many decisions on this point, the NICN reiterated that its prescribed jurisdiction does not extend to matters with claims dealing with tax, pensions and allied issues that the aggrieved employee often claims as ancillary to his principal claims.

Community, social and personal services recorded the highest number of disputes at 231,067.