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The respondent is a former employee of the applicant. His contract of employment was terminated. The papers filed in this matter show that the Labour Court dismissed his appeal and upheld the termination of the contract of employment. The respondent according to the papers in this matter, has instituted proceedings for leave to appeal against the judgment of the Labour Court. More

In this urgent chamber application the applicants seek a provisional order in the following terms: More

What remains standing out as the only defence which the respondent is clutching to, as if life itself depends on it, in resisting this application for summary judgement in the sum of $31 238-00 in statutory dues, is that the applicant should have supplied the further particulars it requested on 27 October 2015 to particularise how the sum claimed is arrived at and the basis for claiming interest from January 2014. That interesting state of affairs was achieved after Mr Chiwara for the respondent and myself had exchanged notes as a result of which he promptly abandoned the other three... More

The plaintiff issued summons against the defendant, claiming payment of $106 665.24 comprised of outstanding council levies, pension fund dues and trade union contributions due on a collective bargaining agreement for the catering industry.The defendant raised a special plea that all claims prior to 1 September 2012 had prescribed. For the unprescribed amount, the defendant had no obligation to meet the same as it was unconstitutional to force it to belong to any employer’s organisation contrary to its right of freedom of association, and further and in any case, the statutes relied on by plaintiff to ground its claim were... More

The facts and legal background of the matter are common cause: at all material times the defendant was a member of the pension fund for the National Employment Council (NEC) for the Catering Industry as required by s 8 of the Industrial Agreement: Catering Industry, S.I. 359 of 1980. On 10 March 2016 defendant notified plaintiff in writing of its intention to cease its membership with the plaintiff’s pension fund and to stop all contributions by 1 April 2016. Plaintiff advised defendant that it could not resign membership but ought to seek exemption. Defendant was subsequently denied such exemption. On... More