This is an appeal against the entire judgment of the Labour Court upholding the arbitrator’s decision that by inviting the respondents for interviews after the termination of their fixed term contracts, the appellant had created in them, a legitimate expectation for their re-engagement as provided for and within the contemplation of s 12B (3) (b) of the Labour Act [Chapter 28:01] (hereinafter referred to as “the Act”). More
[1] The respondent issued summons out of the High Court seeking an order for the release of its plastic bags which were being retained by the appellant, payment of the sum of US$157 350.05 representing the business it lost as a result of such retention and costs of suit on the scale of legal practitioner and client. The respondent also sought payment of interest from the date of issue of summons to the date of payment in full. More
This is an application for leave to appeal to the Supreme Court against the judgment of the Labour Court which declined jurisdiction to entertain an application brought before it by the applicant. The applicant had sought damages for discrimination in terms of s 5 (4) as read with s 89 (2) of the Labour Act [Chapter 28:01].
The Labour Court found that it could not be engaged as a court of first instance in a claim for damages made in terms of s 5 (4) as such a claim should be brought first to a Labour Officer for conciliation and... More
After perusing the papers and hearing counsel on 27 July 2018 I granted the following order;
It is ordered that:
“The application for condonation and reinstatement of the appeal in terms of Rule 70 (2) of the Supreme Court Rules, 2018 be and is hereby dismissed with costs.” More
The applicant filed a chamber application for condonation of his non-compliance with r 60 (2) of the Supreme Court Rules, 2018 as read together with s 92F (3) of the Labour Act [Chapter 28:01] (the Labour Act) and extension of time within which to file an application for leave to appeal. More
