The employee filed with the court an application for reinstatement of her appeal which had been struck off for non compliance with the rules. The employer objected to the approach adopted by the employee. It reasoned that the employee had to seek condonation for late filing of appeal if she was now in a position to regularise her papers.
The employee persisted that her understanding of the rules was that she could bring up a reinstatement application. The law is clear in practice direction 3 (a) that once the matter has been struck off it can be resuscitated if the... More
In a judgment No LC/H/255/19 delivered on the 9th August, 2019, I upheld respondent’s point in limine, to the effect that applicant’s appeal was improperly before the Court as applicant had not exhausted the internal remedies provided in terms of section 8(b) of the Labour (National Employment Code of Conduct) Regulations Statutory Instrument 15 of 2006 (THE NATIONAL CODE). Consequently I struck off the appeal for having been prematurely brought before the Court. More
This an application for stay of execution of an arbitral award handed down by Arbitrator E.F. Chitsa. Applicant alleges that pending the appeal lodged with this Court, Respondent’s actions to execute the judgment be stayed. What is interesting to note is that Respondent has partly executed the judgment and Applicant had to offer security which was lodged with Respondent’s legal practitioners. More
The respondents are former employees of the appellant. The borne of contention is the classification of the appellant as to which National Employment Council (NEC) it belongs for a proper determination of the respondents grades and salaries.
The respondents’ contracts of employment were terminated in March 2015. A dispute ensued as to whether the termination was lawful. The parties eventually settled the matter before a conciliator. The respondents’ terminal benefits were paid. More
This is an application for rescission of Judgment granted by this court on 29 July 2013 dismissing the applicants’ appeal.
On 8 January 2014the applicants applied for rescission of the default order.
The factors to be considered in an application such as this one are;
• length of delay in applying for rescission.
• reasons for the default.
• prospects of success, and balance of convenience. More
