This is an appeal against an arbitral award in favour of the Respondents. The Respondents were employed by Myramah Farming (Pvt) Ltd t/a Cottzim from September 2009 to September 2012. Respondents’ services were terminated. They approached the Labour Officer for conciliation on a dispute of unlawful termination by Cottzim. The parties reached an agreement but Appellant reneged on it. The matter was referred to arbitration. The Arbitrator put the terms of the agreement before the Labour Officer as the award. More
The appellant appeals against the determination of an arbitrator which ordered it to pay salary arrears in the sum of $221 646.50 in 9 instalments of $24 627.39 per month.
All the respondents were employed by the appellant. It is not in dispute that the respondents did not receive their salaries for sometime when the appellant experienced financial challenges. At times they were underpaid. The respondents filed a claim for the recovery of the money with a labour officer. When conciliation efforts failed the matter was referred to arbitration. The arbitrator made a finding set out in the first paragraph... More
On the 28th September, 2018 applicant filed an application with this Court citing Section 12B (3) of the Labour Act [Chapter 28:01] (THE ACT) seeking a declaration, declaring his resignation an act of constructive dismissal by respondent More
Before the matter proceeded into the merits, a preliminary point was raised on behalf of the respondent. It was submitted that the appeal was filed out of the prescribed period and therefore improperly before the court.
For the respondent it was submitted that the appeal was against a determination of 27 November 2013. The appeal before the court was filed on 8 July 2015. The background to this case was given as follows:
The appellant and respondents had a labour dispute. The matter was eventually placed before the General Engineering Committee of the National Employment Council for the Engineering and... More
At the onset of oral argument in this Court respondent raised points in limine,
The points are set out in its opposing affidavit thus,
“Point in Limine
a.Defective Notice of Appeal
The Respondent submits that there is no Notice of Appeal before the Honourable court for want of non-compliance (sic) with the Rules of this Court.
The Labour Court Rules, SI 150/2017 clearly stipulates that the Notice of Appeal should be in Form LC 4 and this Form LC 4 is clearly provided for
The Appellant in clear contravention of the Rules of Court, went on to manufacture his own... More
