This is an application for condonation for late noting of an application for rescission of judgment.
The facts in this matter are largely common cause. Applicant was initially represented by Ms Magogefrom the National Labour Relations Reference Centre. The appeal by the applicant was initially set down for 12 March 2015 before Justice Chidziva. On that date Ms Magoge applied for postponement of the matter to enable her to file heads of argument in the matter. The application was granted and the matter was postponed to 30 March 2015 by consent. Ms Magoge proceeded to file her heads of argument... More
This is an application for the review of an arbitral award which was made on 21 September 2012 in favour of the Respondents (“employees”) against the Applicant (“employer”). Within this review case arose the issue of condonation of the late filing of the heads of argument by the Applicant and also the attendant request to have the bar in that respect lifted. This judgment, therefore, address the two components referred to above. More
This is an application for condonation for late filing of an appeal. The facts in this case are largely common cause. The applicants filed an appeal with this court against the decisions of first and second respondents finding the lecturers guilty of misconduct and imposing various penalties. The facts also show that before the appeal could be heard, the respondents raised a point in limine, alleging that the respondents were incorrectly cited. This court, as per KUDYA J, upheld the point in limine and proceeded to strike the appeal off the roll. The applicants wish to pursue the appeal, hence... More
Applicants are in the employ of the 1st respondent as managerial executives. In 2015, the Minister of Local Government, Rural and Urban Development issued a directive to local councils through the permanent secretary. The directive had the effect of reducing the remuneration of Town Clerks in the respective local authorities. The directive also meant that such reduction in salaries was to affect the lower managerial grades. 1st respondent implemented this directive, applicants were affected by it. Applicants were aggrieved by this decision and referred their matter to a Labour Officer. A hearing was held in January 2017 and 2nd respondent... More
The law that governs appeals to this Court against arbitral awards is very clear.
Section 98(10) of the Labour Act [Chapter 28:01] provides,
“An appeal on a question of law shall lie to the Labour Court from any decision of an arbitrator appointed in terms of this section.”
This is an appeal against an arbitral award filed in this Court by the Appellants. Does the appeal in its grounds comply with the above provision? Respondent’s answer to this question is that, it does not, hence it has raised a point in limine to that effect. More
