On the 13th of March the parties were in court on an appeal by the applicant. The respondent raised a preliminary point to the effect that the right to appeal was prescribed as has been decided in Patrick Munjovha v Delta Beverages (Pvt) Ltd SC 64/21. The appellant conceded the point and the appeal was struck off. (In hindsight it should have been dismissed. The order was uploaded the following day, the 14th. More
On 22 November 2024, this Court rendered judgment in which it dismissed Applicant’s application for review. Applicant is dissatisfied with that decision and intends to approach the Supreme Court for relief. This therefore is an application for leave to appeal to the Supreme Court in terms of section 92 F (2) of the Labour Act, (Chapter 28:01) as read with Rule 43 of the Labour Court Rules, 2017. More
At the hearing of this matter counsel for the respondent raised two points in limine which are the subject of this judgment. The applicant is seeking condonation of late noting of appeal and the extension of time within which to note an appeal. The founding affidavit is deposed to by the applicant’s wife. She states that she was authorised by a power of attorney dated 25 February 2016. The points in limine are: More
This is an appeal from an arbitral award. At the onset of the proceedings counsel for the Respondent raised a point in limine that there is no appeal before this court. He submitted that an appeal to this court in matters of this nature lies on a point of law in terms of Section 98(10) of the Labour Act (Chapter 28:01). Counsel for the Respondent submitted that the grounds of appeal as raised by the Respondent raises no points of law and the matter should be struck off the roll. More
