At the onset of oral argument in this Court, respondent raised a point in limine which applicant opposed.
The point is to the effect that the application for condonation is fatally defective for failure to comply with the Labour Court Rules, 2017 as amended. More
On the 26th July, 2013 an arbitral award was issued which reinstated Respondent without loss of pay and benefits with effect from the date of dismissal. If reinstatement was no longer possible, damages were to be paid over and above the back pay. Parties were at liberty to approach the Arbitrator for quantification of the damages. More
This is an application for leave to appeal to the Supreme Court. The test for leave to appeal is settled See Dombodzvuku v CMED. In the case at hand the applicant argues that it has a merited case on appeal in that the interpretation of the law on termination on notice is contrary to what has been settled by the Superior Courts. Main reliance is placed on the case of Greatermans Store (Pvt) Ltd v Ministry of Public Service CCZ 2/18. It is the applicant’s contention that a correct reading of Greatermans (supra) shows that the employer’s common law right... More
