This is an application for condonation of late noting of an application for rescission of judgment. Facts giving rise to the instant application are that the applicant employee lost her job with respondent employer following allegations of misconduct in breach of the respondent code of conduct. She appealed to arbitration without success. This drove her to appeal to the Labour Court on 24 November 2014 against the arbitral decision. She however failed to file her heads of argument on the appeal on time. This prompted the respondent to pray for a dismissal of the appeal for want of prosecution. To... More
This is an appeal against an arbitral award issued on 5 August 2015. Appellants are employees of respondent. From March 2012 to March 2015 respondent failed to pay appellants’ salaries. Appellants were aggrieved and referred the matter to conciliation and thereafter arbitration. The arbitrator awarded appellants amounts less than what they had claimed. More
This is an appeal at the instance of the appellant employee against his dismissal by the respondent employer. The background to the matter is that appellant who was in the respondent’s employ as an accountant was charged with misconduct for failing to conduct his accounting duties diligently in contravention of Section 44 (2) as read with paragraphs 2,3,8 and 24 of the First Schedule (Section 2) of the Public Service Regulations SI 1 of 2000 as amended. In particular it was alleged that he had failed to report to the authorities the absence of one Mukozho an accounting assistant who... More
This is an appeal against the arbitrator’s award of 5 November 2024 which set
US 54 000 as the value of the motor vehicle benefit which should be given to the respondent employee by the appellant employer.
The background facts of the matter are that, the respondent lost his job with the appellant when he had not been given a motor vehicle which he was supposed to get as part of his benefits. The appellant offered him US 20 000 as the car benefit but he did not accept that. This led them to appear before the arbitrator who ruled... More
On 28 January 2011 applicant through its current Legal Practitioners filed an appeal in this Court against an arbitral award. On 20 June 2012 the appeal was set down for hearing but was postponed by consent of both parties to enable filing of Heads of argument by both parties.
On 17 February 2014 the appeal was reset for hearing. Applicant being in default of appearance, a default judgment was issued against it.
On 14 July 2015 applicant filed this application for rescission of the default order. The application is vehemently opposed by respondent. More
