This is an appeal against an arbitral award in favour of Respondent. Appellant filed Heads of Argument out of time and Respondent made submissions on this point. Respondent further stated that Appellant was barred in terms of the Rules unless an application for upliftment of the bar was made and granted by the Court. Appellant applied for the upliftment of the bar which was not opposed by Respondent. More
This is an appeal against the decision of the arbitrator. The brief facts of the matter are as follows. The Respondent was employed as a gate guard. He was dismissed from employment and approached the Labour Office. Through conciliation, respondent was reinstated to his position. On reinstatement, he was seconded to perform duties for appellant. Appellant subsequently terminated respondent’s employment contract. The respondent approached the NEC for the Engineering and Iron and Steel Industry for relief. The matter ended up in arbitration and the arbitrator found in favour of the respondent. Appellant is dissatisfied with that decision and has approached... More
This is an Urgent Chamber Application for the stay of proceedings which were to be held on 14 April 2025. The application was filed with the Court on the date of the hearing. The Court gave instructions for the Respondents to file their opposing papers and Applicant was thereafter to file heads of argument by end of day on 16 April 2025. The Respondents were to file their heads of argument by 22 April 2025 and the matter was to be heard on 24 April 2025. I should point out that certain developments instituted by First Respondent led to the... More
The matter was placed before me as an application for an order. The application was filed on the basis of Section 89(1)(a) and Section 93(7)(b)(ii) of the Labour Act. The application was opposed. More