This is an application in terms of Section 92E (3) of the Labour Act [Chapter 28:01] for stay of an arbitral award in favour of the 1st Respondent. The award was made by the 2nd Respondent on the 12 July 2013. Applicant was ordered to reinstate 1st Respondent with full wages and benefits amounting to $2 280,00. If reinstatement is not an option in the following twenty one working days, Applicant was to pay damages in lieu of reinstatement the quantum of which the parties may agree, failure which either party may approach the Arbitrator for quantification. Applicant was also... More
The application placed before me is for rescission of a consent order granted by this court under reference LC/H/ORD/574/2019 on the 17th of July 2019. The application is opposed.
On the date of hearing the Respondent having taken several points in limine the following constitutes the court ruling on the four points in limine. The points in limine were as follows;
1. The application mounted by Lunga Attorneys is a legal nullity for want of procedure as Lunga Attorneys have not assumed agency as required by the rules of the court.
2. The Applicant’s Founding Affidavit does not specify proper... More
The facts presented by Applicant in this application for condonation of late noting of appeal are quite interesting. Applicant and Respondent appeared before the Arbitrator who granted the award on 30 July 2013. The Arbitrator ordered Respondent’s reinstatement and payment of damages in lieu of reinstatement. Respondent reported for duty but was subsequently locked out on 2 September 2013. More
This is an application for leave to appeal to the Supreme Court made in terms of section 92 F (2) of the Labour Act [Chapter 28:01] ‘the act’ as read with Rule 36 of the Labour Court Rules, Statutory Instrument 59/06 ‘the rules’. This court dismissed the appeal filed by the applicants in this matter. More
BeatusMandeya (Mandeya) was employed as a driver by respondent. It is alleged that on 6 April 2013 he was driving a Sakunda truck horse registration number ABG 5272 and Tanker registration number ABZ 9757. He loaded 39941 litres of petrol at Msasa and discharged 37 957 litres on the 26 April 2013 in Zambia. Mandeya realised a loss by meter of 1984 litres and 1704 after factoring loss in transit. More
