THE INDUSTRIAL COURT OF SWAZILAND
the matter between:
APPLICANT: N. MTETWA
RESPONDENT: N. VILAKATI
is common cause that the Applicant is an employee of the Respondent.
A consent order was entered into between the parties as follows:
parties to this dispute agreed that as full and final settlement,
Respondent re-activate salary of Applicant with immediate effect.
That Respondent shall pay Applicant for any days worked. That
Respondent shall apply laid down procedures to deal with the conduct
of the Applicant in the event such conduct is not acceptable to the
Respondent did not reinstate the Salary of the Applicant nor did it
pay him the arrear salary for the 27 days worked (as per agreement).
The justification for non payment was that the Applicant has not
resumed work to-date.
have referred the matter to oral evidence to determine if the
Applicant has reported to work since the recording of the consent
order by the court.
hearing the Applicant's evidence and that of a witness of the
Respondent Mr. Mpiwa Joseph Matsenjwa, the court is not satisfied
that the Applicant has resumed work so as to entitle him to a salary
in terms of the agreement of the parties. The Respondent on the other
hand has failed to initiate any disciplinary measures against the
Respondent for absence from duty. Consequently the Applicant remains
an employee to date.
being the case we have found it in the interest of justice to issue
further orders in respect of this matter as follows:
That the Respondent pays
the Applicant the arrear salary of 27 days on or before the 30th
That the Applicant report
to his duty station with effect from Monday the 21st
That the Respondent
maintain a Register of attendance for the Applicant with effect from
that date (21st
That upon satisfaction of
the Applicant's attendance to his work station, the Respondent
re-activate his salary forthwith and in any event not later than the
necessary disciplinary measures be initiated in the event the
Applicant is absent from work for more than 3 working says without a
lawful reason with effect from the 21st November 2005.
contempt proceedings against the 1st and 2nd
Respondents are hereby dismissed.
PRESIDENT- INDUSTRIAL COURT