At the onset of the appeal hearing the respondent raised a point in limine. It was to the effect that there was no proper respondent cited. The one cited “Ministry of Home Affairs” is a non-entity at law. It is not a natural person. Neither is it a legal persona. As such it cannot sue or be sued. There being no respondent, the matter must be struck off the roll.
The respondent opposed the point raised. They countered that the State Liabilities Act [Chapter 8:14] provides that the Minister responsible “may” be cited where it is intended to sue the... More
Following on the judgment of this Court handed down on 16 December, 2011 the operative part of which reads;
“1. The points in limine are hereby dismissed.
2. The application for quantification of damages is properly before the Labour Court. More
This is an application for condonation of late filing of an application for leave to appeal to the Supreme Court. In terms of Rule 36 of the Labour Court Rules SI 59/2006 leave to appeal to the Supreme Court from any decision this Court must be made within thirty (30) days from the date of that decision. In this case the decision sought to be appealed against was made on 13 September 2013. The present application was filed on 21 May 2014, after nine months from the date of judgment. More
This is an opposed application for condonation for late filing of an application for rescission of judgment. The application is in terms of Rule 32 of the Labour Court Rules, 2017.
The facts of the case are that on the 7th of November 2019, the parties appeared in court on an application for review. More
Applicant is seeking to be condoned for his late noting of his appeal to the labour court. The respondent employer is opposed to the grant of the condonation relief.
The background to the matter is that following a hearing into the employee’s matter at his workplace the appeals officer directed him to appeal to the labour relation officer. For that the appeals officer cited SI 15/06. It is only when the employee presented before the Labour Relation Officer that he was advised that he was in the wrong forum. By that time he was out of time to appeal to... More
