South Africa: Labour Court

VIC & DUP/JOHANNESBURG/LKS

IN THE LABOUR COURT OF SOUTH AFRICA

HELD AT JOHANNESBURG

DATE: 14 September 1999 CASE NO. J1644/99

In the matter between:

FAIRWEATHER, DAVID Applicant

and

A B CHARTER MOTOR HOLDINGS CC Respondent

J U D G M E N T

NGWENYA, AJ:

[1]The court has read all the documents filed of record and this is the conclusion that the court has arrived at. This is one of those matters where the court can grant the application as prayed for in the applicant's notice of motion.

[2]The court accordingly makes the following order: That the award dated 25 March 1999 is hereby made an order of court on the following terms: That the dismissal of the applicant by the respondent on 28 April 1998 is procedurally unfair and respondent is ordered to pay the applicant an amount of R42 480,77 plus interest thereon calculated at 15% from 1 June 1999 until the date of payment. The amount referred to above is payable within seven days of service of this order on the respondent. The reasons will follow.

ACTING JUDGE NGWENYA

LABOUR COURT OF SOUTH AFRICA

ON BEHALF OF APPLICANT:

Instructed by:

ON BEHALF OF RESPONDENT:MR T E MILLS

Instructed by:Cliffe Dekker Fuller Moore

DATE OF JUDGMENT:14 September 1999