On the 8th August 2024 Arbitrator NC Mutiba issued an arbitral award in terms of which she ordered applicant to pay respondents retrenchment packages amounting to US$ 28,532.15. Applicant then applied to this Court for the review of the award in terms of Section 89 of the (1) (d1) Labour Act Chapter 28:01 hereafter called the Act. 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
At the onset of oral argument in this court, applicant raised 3 (three) points in limine which respondent opposed. The points will be addressed ad seriatim. More
This matter was set down as an application for the stay of attachment in execution of a default consent order which was granted by the Court in a matter where Applicant employer and Respondent employee were involved in a labour dispute where the Respondent had been dismissed from employment by the Applicant. More
On the 10th July 2017 at Mutare, applicant in her capacity as a Designated Agent issued a ruling. She ordered 1st respondent (employer) to “restart the (retrenchment) process afresh.” The 2nd to 37th respondents were the employees who had been retrenched. Apparently, the employer did not comply with the ruling. Applicant then applied to this Court for the confirmation of her ruling in terms of section 93(5a) of the Labour Act Chapter 28:01, hereafter called the Act. More
