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
This is an appeal from a determination made by an arbitrator. The following are the grounds of appeal and I quote:
‘1. The arbitrator misdirected herself on a question of law by failing to determine the application for recusal that had been made before her prior to the hearing of the arbitration on the merits.
2. The arbitrator erred at law in failing to find that she had no jurisdiction to adjudicate over the 2nd respondent’s claim as provided for by Section 63(3a) of the Labour Act Chapter 28:01, despite the fact that he admittedly stated in his submissions that... 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
This is an application for condonation of the late filing of an application for review.
The brief facts are as follows. Applicant was in the employ of the Respondent. He fell ill and was granted sick leave in October 2018. After the initial three months on such leave, Applicant was granted a further three months as provided in the Act. Applicant did not report for duty at the end of the second period. Respondent wrote to Applicant in June 2019 informing him that his employment was being terminated with effect from the end of that month. Applicant thereafter filed a... More
This is an application for condonation of late filing of an application for leave to appeal to the Supreme Court. On 29 May 2015 this court upheld a point in limine that the grounds of appeal in case number LC/H/1056/14 are attacking factual findings without alleging that the findings are grossly irregular amounting to a misdirection in law. Consequently I dismissed the appeal with costs. On 27 July 2015 the present application was filed. The applicant alleges that the judgment of 29 may 2015 was not brought to her attention on time as it was only delivered to her on... More
