The matter was placed before me as an application for leave to appeal against a determination handed down by this court on the 1st April, 2009. The application is opposed. More
The matter was initially placed before me on 14th March 2008 as an urgent chamber application for an order. The parties concerned however resolved to settle the matter out of court. The settlement agreement reached between the parties was later filed with the court. The court then granted an order in terms of the settlement agreement reached. More
This is an application for quantification of damages following the remittal of the matter by the Supreme Court.
At the commencement of the proceedings, Mr. Banda stated that he had a preliminary point to raise. He submitted that there was a substantive award by L. Gabilo which was quantified and is still pending. He further submitted that the same issues which had been placed before L. Gabilo were those before the Court in the present application. He averred that it was thus an incompetent application. The said the second issue alluded to the decision by L. Gabilo and he argued... More
This is an appeal against the arbitrator’s decision where she ruled that appellant employer had underpaid respondent’s employees’ gratuity when it used the industry code calculations as opposed to the model contained in the employees’ handbook forming part of the contract and which contained more favourable provisions.
The background to the matter is that the respondent employees who were in the appellant’s employ had their contracts terminated by efluxion of time. Their contracts were to be read in conjunction with a handbook which provided for among other issues the provision or gratuity or severance upon the expiration the contract. More
The Appellant was employed by the Respondent as a canteen assistant on various fixed term contracts, the last of which terminated on the 30th of November, 2012. The Appellant thereafter referred a complaint of an unfair labour practice based on section 12B (3) (b) of the Labour [Cap 28:01] to the Labour officer. When the Labour officer failed to conciliate the matter was referred to compulsory arbitration. The arbitrator after considering the evidence and submissions made before him issued an award finding that there was no basis on which a legitimate expectation of the renewal of her award could have... More
