This is an application for rescission of default judgment upliftment of bar and condonation of late filing of heads of argument. Respondent was granted an arbitral award in his favour on 25 September 2012. Applicant appealed against the arbitral award on 2 October 2012. There was no notice from the Registrar, in terms of Rule 15(2) of this Court’s Rules SI 59/06, to the Respondent. Nevertheless Respondent filed his response on 13 November 2012 which he says was served on Applicant’s legal practitioners on 14 November 2012. Applicant filed heads of argument on 17 January 2013. On 29 January 2013... More
The facts of the matter are that the applicant was employed as a truck driver by the second respondent in or around January 2011. On 4 September 2012, the applicant was charged with having committed acts of conduct or omission inconsistent with the fulfilment of the express or implied conditions of his contract in terms of S I 15 of 2006. This was in spite of there being a registered code. The applicant was found guilty and dismissed by the disciplinary hearing committee. This decision was confirmed by the internal appeals authority on 11 October 2012. The applicant proceeded to... More
The delay in the hand down of this judgement is sincerely regretted. On the 24th of July, 2024 this court issued an order to the following effect;
“1. Ground of appeal number 5 is struck off. 2. The appeal is dismissed with costs.
3. The judgement is to follow.”
The following constitutes the reasons for the order as granted. More
On the 19th of February, 2020 this court issued an order by consent of the parties referenced LC/H/ORD/137/2020. The Court directed the stay of disciplinary proceedings against Applicant and her reinstatement to her original position without loss of salary and benefits. After the proceedings before this court the employer took the position to pay damages rather than to reinstate the Applicant. This resulted in the Applicant approaching this court with her application for quantification of damages. The Respondent opposed the application. More
This is an application for leave to appeal to the Supreme Court against a judgment of this Court which dismissed a preliminary point raised by the applicant. The application is opposed. More
