At the onset of oral argument in this Court respondent raised points in limine which appellant. The points shall be dealt with ad seriatim.
That the appeal is improperly before the Court:
The point is expatiated in respondent’s opposing affidavit thus;
“4.1 I am advised that the present Appeal is improperly before the Court and violating Section 101 of the Labour Act as amended. The Appeal ought to have been filed before the Labour Officer/Designated Agent in terms of the Labour Amendment and not the Labour Court within provided statutory timelines. More
The Applicant is a Designated Agent for the Employment Council for the Food and Allied Industries. The 1st Respondent is a company duly registered under the laws of this country. It is also the former employer of the 2nd Respondents. The 2nd Respondents are the former employees of the 1st Respondent.
The 2nd Respondents were employed on the basis of their contracts of employment which were terminated by 1st Respondent upon being given three months notice. The 1st Respondent was relying then on Section 12 (4) of the Labour Court [Cap 28:01] which allowed for termination of contracts on notice.... More
This is an application for confirmation of a draft ruling and order made in terms of section 93 (5a) and (5b) of the Labour Act [Chapter 28:01] as amended. More
