The matter was placed before me as application for review and an appeal against an arbitral award handed down by Honourable B. Chikwana on the 22nd July 2015. On the date of hearing the court raised a point mero-motu. Although the point was not specifically pleaded to by the parties, it is a point of law which the court was entitled to raise as the point goes to the validity of proceedings before the court. The point pertains to the capacity of the Applicant/Appellant to appear before the Court. More
The appellant is alleged to have stopped reporting for duty sometime in 2008. The employer then stopped paying the appellant’s salary because he was not reporting for duty. More
The material background facts to the matter are as follows; the Respondent was employed as a sales representative by Appellant. He was initially hired on a commission basis; a contract of employment was allegedly later signed between Respondent and one Jonathan Dube a farmer employee of the Appellant currently serving a jail term for defrauding the Appellant. More