Applicants applied to this Court for rescission of judgement in terms of section 92C of the Labour Act Chapter 28:01` as read with Rule 43 of the Labour Court Rules S.I. 150/17. Respondent opposed the application. More
The delay in the hand down of this judgement is sincerely regretted. The matter was placed before me as an application for the issuance of a disposal order. The application was made pursuant to Section 107 (1) of the Labour Act [Chapter 28:01] as amended. The application was opposed by 2nd Respondent and supported by 1st Respondent. Both Respondents appeared for a hearing on the 13th of July 2022. More
This is an application for condonation of late noting of rescission of judgment application at the instance of the applicant employer. Facts giving rise to the matter are that the respondent employee made his review application to the Labour Court in a case pitting him and the applicant employer. The employer failed to file its response to the review timeously and the matter was subsequently set down for hearing in terms of rule 22 Labour Court rules. More
The applicant seeks condonation for late filing of Notice of Response.
The respondent was dismissed from the applicant’s employment following a misconduct determination by applicant’s Disciplinary Authority on 25 February 2014. The respondent noted an appeal with this Court on 27 March 2014. The Notice of Appeal was served on the applicant on 2 April 2014. More
On 5th July 2012 this Court made an order. The terms of the order read as follows,
“Respondent having failed to file its response in terms of Rule 15 of the Labour Court Rules Statutory Instrument 59 of 2006: and further having also failed to show good cause for such failure to file a notice of response, a default judgment be and is hereby entered against the Respondent. The appeal is consequently allowed by reason of Respondent’s default.” (The underlining for emphasis is mine) More
