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
In casu, Applicant is challenging this Court’s factual findings. The factual findings complained of are they so irrational, so outrageous in their defiance of logic or acceptable morale standards to warrant interference by the Appellate court? More
On 28 February 2014 this Court dismissed Applicant’s application for interim relief filed in terms of section 92E (3) of the Labour Act [Chapter 28:01]. Applicant seeks to approach the Supreme Court. This is therefore an application in terms of section 92 (F) (1) of the Act. The basis of the appeal is that the Court erred in finding:
(a) that the appeal does not raise legal issues/points of law.
(b) that the arbitrator’ s findings would be unassailable on appeal; and
(c) that the applicant will not suffer irreparable harm if the award is executed. More
This is an application for stay of execution of an arbitral award pending the determination of an appeal lodged with this Court. Respondent was employed by Applicant as its Managing Director. Applicant alleges that Respondent tendered a verbal resignation and left employment and another Managing Director was engaged in his stead. Applicant states that it was surprised when Respondent instituted proceedings alleging unfair dismissal. The matter was subsequently referred to the Arbitrator who ruled in favour of Respondent. Applicant, dissatisfied with the decision of the Arbitrator, has since appealed. Pending the decision of the Court in that appeal, Applicant has... More
