This is an application for an order in terms of section 93 (5a) (a) and (b) of the Labour Act [Chapter 28:01] (the Act).
The 1st and 2nd respondent shall be referred to as the employer and the employee respectively.
The brief facts are that a dispute arose between the parties and the matter was referred for conciliation before the applicant, the parties failed to be reconciled and a certificate of no settlement was issued. This was on 18 June 2018.
Thereafter, the parties and the applicant agreed on time lines within which both parties would file their written submissions.... More
At the commencement of the proceedings, Respondent’s Counsel informed the Court that he had been engaged the previous day and had thus not been able to file Heads of Argument. The Court indicated that the matter would proceed. More
This is an appeal against an arbitral award wherein the arbitrator held that Respondent had been constructively dismissed as his resignation on the 31st January, 2011 was as a result of intolerable situations Appellant had subjected him to. The arbitrator also held that the caveat subscriptor rule did not apply to Respondent’s action for constructive dismissal as he signed the document only for the collection of his leave pay and January 2011 salary. More
This matter was set down as an application for the rescission of a judgment which was handed down in default of the applicant employer. On the hearing date the respondent raised a point at the outset. The point was meant to dispose of the matter without going into the merits. It is this point as the outset which is the subject of this judgment.
The background to the matter is that the respondent employee was dismissed from applicant’s employ on allegations of certain misconduct in contravention of the National Code of Conduct. The matter ended up at arbitration where the... More
This is an appeal against the decision of the respondent’s Appeals Committee. The Appeals Committee upheld the Disciplinary Committee’s decision to dismiss the appellant from employment after it found him guilty of misconduct. More
