This is an application for condonation to enable the applicant to file its appeal against the decision of the labour officer out of time.
The respondent raised a preliminary point and argued that the new Amendment Act No. 5/2015 does not allow for the procedure adopted by the applicant. The new provisions do not provide for an appeal against the decision of a labour officer nor for an application to the Labour Court. It was argued that the Labour Court is a creature of statute and cannot do anything outside the four corners of the parent Act. The Labour Act... More
This is an appeal against the decision of National Employment Council Appeals Committee that was issued on the 20 February 2014. The National Employment Committee ruled in the respondent’s favour and ordered as follows;
“1. That the charge of Part C (23) is hereby set aside and substituted with Part A (4) which is for “Negligent performance of duties with minor consequences” and which warrants a verbal warning on first breach
2. Reinstatement is to be effected from the date of the National Employment Council’s determination and it is without back pay.
3. Alternatively, the employer can pay damages in... More
The facts of the case are as follows:
The appellant is in the business of providing security (guards). On or about the 22nd of May 2012 one of the appellant’s clients raised an alarm. This meant that something was wrong. The respondent was on duty. He was party to a team that went tocheck the premises in question. Two other people who included a driver were the other members of that team. Upon arrival at the scene it was observed that the main gate or entrance to the premises was locked. However, the screen door to the building-which door is... More
This is an appeal against a decision of the Negotiating Committee handed down on the 3rd October, 2011 by which the Appellant was ordered to reinstate he Respondent without loss of salary and benefits from the date of dismissal. More
This is an application for leave to appeal to the Supreme Court against my judgment of 18 March 2016 in which I dismissed an application for condonation of late filing of an appeal.
The 189 applicants are former employees of the respondent who were each employed at different times in various capacities. They were retrenched on 30 June 2010 following each applicant signing a retrenchment agreement. Such agreements were duly approved by the Retrenchment Board on 12 July 2010 and each applicant was paid their dues. More
