Respondent who had been employed by Appellant was dismissed from employment and successfully challenged his dismissal before an arbitrator. The arbitrator ordered his reinstatement without loss of salary and benefits with effect from the date of dismissal. Respondent alleges that he reported for duty but was denied entrance into Appellant’s premises and was told not to report for duty. He then approached the arbitrator for quantification of damages. More
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
