KIBOBERRY LIMITED VS. JOHN VAN DER VOORT CIVIL APPEAL NO. 248 OF 2021.

Abstract

Held: (i) …the failure to involve the appellant in the investigation that led to the formulation of the report coupled with the omission to share a copy thereof with the respondent was a serious irregularity. Inevitably, we uphold the concurrent finding by the courts below that the appellant failed to demonstrate that the impugned termination was for a valid and fair reason. (ii) In the instant case, the appellant terminated the respondent without any hearing upon recognizing that he had defaulted appearance. This course was a palpable contravention of the procedure we have just explained. In the result, we answer the second issue in the negative. (iii) It defies dispute that the respondent in the instant case would be entitled to terminal benefits in terms of section 40 (2) of the ELRA in respect of rights that accrued under his contract of employment (Exhibit R40) at the time of his termination on 28th September 2018.