This is an appeal against an arbitral award handed down on 16 July 2013, in terms of which the appellants’ claim that they were unlawfully dismissed and that they were owed terminal benefits was dismissed More
The appellant’s main ground of appeal is that the respondent was not entitled to salary arrears in the sum of $2 966-40. This was salaries for nine months. The background to this amount is that the respondent was dismissed on 12 January 2012. After her dismissal the matter was referred for conciliation and subsequently the parties appeared before an arbitrator. The arbitrator having made a finding that the respondent was properly dismissed made an order in the following terms:
(i) That the dismissal of the employee be and is hereby confirmed.
(ii) That the employee be paid salary arrears from... More
This is an appeal against a decision of the National Employment Council for the Clothing Industry Appeals Board’s decision to uphold the Grievance and Disciplinary Committee’s decision to dismiss the Appellant. More
This is an application for reinstatement of a matter which was struck off the roll on 27 May 2015. The precise terms of the order made were
“The appeal be and is hereby struck off the roll it being invalid for failure to comply with section 98 (10) of the Labour Act.”
I reserved my ruling on the matter after deciding that I would proceed to determine the matter on the papers filed of record. Both parties filed heads of argument which clearly outline the submissions intended to be relied on and the authorities to be cited. I declined the... More
At the onset of oral argument in this Court applicant raised a point in limine which respondents opposed.
“2. No authority to depose to affidavit on behalf of 2nd Respondent.
2.1 The deponent to Respondents; opposing affidavit has no legal authority to depose to same on behalf of 2nd respondent which in terms of section 3 of the Health Service Act (Chapter 15:16), is a corporate body. It is trite that authority to act for a corporate body is required before a natural person’s deposition is accepted.
3. Michael Sande says he is the Acting Secretary for the 2nd respondent... More
