The appellant alleged that he was employed by the first respondent as ‘sales director’ since 2007, based on a resolution by the respondent setting out a commission formula payable to him. He further alleged that the majority shareholders of the respondent unilaterally changed the formula, contrary to s 50(1) of the Act and referred a dispute to the office of the Labour Commissioner, claiming certain relief. The first respondent raised a point in limine that the Labour Commissioner lacked jurisdiction on the ground that the appellant was not an 'employee'.
After hearing evidence on oath and entertaining . . .
Whereas the arbitrator made an award in terms of which the first respondent’s (Petrus Namondi) dismissal on charges of insubordination was substantively unfair, and whereas the appellant appealed against the arbitration award, the respondent raised points in limine.
SCHIMMING-CHASE J considered the points in limine and stated that:
Point in limine:
QKR raised points in limine regarding Mr. Nambondi’s failure to properly oppose the appeal as required by rule 17(16)(b) of the Labour Court Rules. In terms of rule 17(16)(a), opposition . . .