Samwu v SALGBC [JA 84/13) [2014] ZALAC 64 (23 October 2014) per Musi JA [Murphy AJA and Setiloane AJA concurring]

Appeal disallowed with costs.  Labour Court upholding commissioner’s decision.  LAC summary: Review of arbitration award.  Employee applying for early retirement after unsuccessfully lodging grievance against her superior- employee withdrawal of early retirement refused- employee contending her dismissal and that her superior not having authority to approve her application – evidence proving that superior had authority and had approved employee’s early retirement application- commissioner dismissing employee claim and finding that employee was not dismissed.

 

[1] This is an appeal against the judgment of the Labour Court wherein it dismissed the appellants’ review application.  The appellants unsuccessfully applied for leave to appeal in the court a quo.  A subsequent petition to this court was successful.  The appeal is therefore with the leave of this Court.