Xaba And Others v Texray Swaziland (MNZ 655 of 2006) [2007] SZCMAC 4 (13 March 2007)

Jurisdiction
Eswatini
Citation
Xaba And Others v Texray Swaziland (MNZ 655 of 2006) [2007] SZCMAC 4 (13 March 2007)
Media Neutral Citation
[2007] SZCMAC 4
Court
Conciliation Mediation and Arbitration Commission of eSwatini
Case number
MNZ 655 of 2006
Judges
Bongani Dlamini Arbitrator
Judgment date
13 March 2007
Language
English
Type
Judgment
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IN THE CONCILIATION, MEDIATION AND ARBITRATION COMMISSION


HELD AT MANZINI DISPUTE NO: MNZ 655/06


In the matter between:


VUSI XABA AND 7 OTHERS : APPLICANTS


And


TEXRAY SWAZILAND (PTY) LTD : RESPONDENT


CORAM


ARBITRATOR : Bongani S. Dlamini

For Applicants : Mr Tom Simelane

For Respondent : Mr Mandla Ndzinisa


ARBITRATION AWARD


1. DETAILS OF HEARING & REPRESENTATION


1.1 The applicants are Vusi Xaba and Seven Others, all employees of the respondent company.

1.2 The respondent is Tex Ray Limited a company operating in Matsapha, District of Manzini.


-1-


1.3 The arbitration was scheduled to take place on the 23rd February 2007 at CMAC offices in Manzini.

1.4 The applicants were represented by Mr Tom Simelane from Swaziland Processing and Allied Workers Union (SPRAWU) whilst Mr Mandla Ndzinisa represented the respondent.


2. ISSUES IN DISPUTE


The applicants alleged that they were being underpaid by the respondent which allegation was being denied by the respondent.


3. HISTORICAL BACKGROUND OF MATTER


3.1 The applicants lodged a dispute against the respondent company on the 28th August 2006 at CMAC offices in Manzini.


3.2 As required by the law, a conciliation meeting was then set up for the 22nd September 2006. On this date, the matter was conciliated and remained unresolved.

3.3 I was appointed as Arbitrator on the 20th November 2006 and after two postponements of the matter, the arbitration was eventually proceeded with on the 14th February 2007 at 10:00 Am.


3.4 On the date appointed for arbitration, the applicants representative, Mr Tom Simelane presented a letter in terms of which he sought to have the dispute lodged against the


-2-respondent withdrawn unconditionally.

4. CONCLUSION


The conclusion of the matter is therefore that the applicants, through their Union representative withdraw all the claims filed against the respondent. Accordingly it is hereby endorsed that the applicants have formally withdrawn all claims filed by them against the respondent.


DATED AT NHLANGANO ON THIS 13 DAY OF MARCH 2007


BONGANI SYDNEY DLAMINI (ARBITRATOR)

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