This is an appeal against an award quantifying damages to be paid to respondent. Respondent was employed by the appellant and was dismissed. The arbitrator ruled that the dismissal was unlawful and he should be reinstated. Appellant did not reinstate respondent and did not appeal against the award. Respondent approached the arbitrator for quantification of damages. In calculating damages the arbitrator stated;
“In my own opinion the period within which the complainant can be reasonably expected to find alternative employment is 12 months considering the unemployment level in the country.” More
The appellant was dismissed from the respondent’s employ following disciplinary proceedings. His internal appeal failed. He was aggrieved and has therefore appealed that decision to this Court. More
This is an appeal against an arbitral award handed down on 30 October 2014, in terms of which it was ruled that the respondent’s (then claimant) representative had no locus standito represent the respondent before the arbitrator. More
The matter was set down for hearing on the 3rd of September, 2013. At the end of proceedings the parties were directed to file supplementary heads on an issue that had arisen in the course of proceedings. The parties having filed the supplementary heads of argument the file was referred back to me by the Registrar on the 1st September, 2014. The following is my judgement on the merits of appeal. More
1. This is an application for rescission of a default judgment granted by this court on
4 November 2020. The present application was filed on 17 November 2020. It is opposed.
2. In order for an application for this nature to succeed the following requirements have to be addressed.
(i) The length of the delay in applying for the rescission must be explained.
(ii) The reason for the default.
(iii) Prospects of success.
(iv) Balance of convenience.
Redstar Wholesalers v See Livingstone Mutomba SC 142/04 and cases cited therein.
3. It was argued on behalf of the applicant that the... More
