![]() ![]() Mbonane stated that at his workplace, there was the pending issue of the contracts of employment for employees, which were being withheld by the Respondent company. The Applicant testified that his services were terminated by the Respondent on the 26 th June, 2008, following a disciplinary enquiry which was instituted against him, by the Respondent.Ĥ.1.3 The Applicant related the events which led to his dismissal herein. The Applicant referred to a letter of appointment dated 4 th July, 2007, and same is filed of record. He stated that he was stationed at Matsapha.Ĥ.1.2 It was the Applicant's testimony that the Respondent verbally informed him that he was being employed on a fixed-term contract of two (2) years. Briefly, the Applicant's testimony was that, he was employed by the Respondent on the 26 th June, 2007, as a warehouse clerk. The Applicant gave his evidence under oath. ![]() SUMMARY OF EVIDENCE 4.1 APPLICANT'S CASE MAKHOSIKHOSI MBONANE'S TESTIMONYĤ.1.1 I will refer to this witness as the Applicant, Mr Mbonane or AW1 as the case may be. ![]() ![]() The issue to be decided herein is whether or not the Applicant's dismissal was fair and reasonable in the circumstances of the case.Ĥ. On the 10 th September, 2009, a pre-arbitration meeting was held, wherein the arbitration process was explained to the parties, and the parties were able to agree on the number of witnesses each party would call and the documents to be exchanged. Subsequently, the parties referred the dispute to arbitration for determination hereof. The dispute was conciliated upon but it could not be resolved and consequently a Certificate of Unresolved Dispute was issued by the Commission. VENUE: CMAC OFFICES, ENGULENI BUILDING, GROUND FLOOR, MANZINIġ.1 The Applicant is Makhosikhosi Mbonane, an adult Swazi male, who was duly represented herein by Mr Professor Msibi.ġ.2 On the other hand, the Respondent is Prime Trucking and Logistics, a company registered in terms of the company laws of Swaziland, and the Respondent was represented in these proceedings by Ms Lobenguni Manyatsi.Ģ.1 The present dispute relates to unfair dismissal, it being alleged by the Applicant that he was unfairly dismissed by the Respondent.Ģ.2 Following the alleged dismissal, the Applicant reported a dispute to the Commission (CMAC) against the Respondent. IN THE CONCILIATION, MEDIATION AND ARBITRATION COMMISSION (CMAC) ![]()
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