Applicant applied to this Court for rescission of judgement in terms of section 92C of the Labour Act Chapter 28:01 as read with Rule of the Labour Court Rules, 2017. Respondent opposed the application. More
This matter was set down as an application for quantification of damages arising from an order of 16 October 2015 where the Labour Court ordered that the labour matter pitting the applicant and the respondent employer be heard de novo at arbitration after it was observed that the arbitral award had been a terse award divorced from the shop floor proceedings in the matter. More
This matter was set down as an application for quantification of damages due to the applicant employee following a labor dispute pitting him and the respondent employer. More
At the commencement of the hearing the applicant abandoned preliminary issues which he had raised. The respondent too raised a preliminary point. It was persisted with.
Preliminary point
[2] The preliminary issue was that the applicant approached the Court prematurely as he had not exhausted domestic remedies. The Court’s attention was drawn to a letter dated 28th June 2024 which the respondent wrote the applicant. The letter is titled “Re : NOTICE OF TERMINATION OF EMPLOYMENT”. More
Applicant applied to this Court for condonation of a belated quest for review. Respondent opposed the application. He worked for the Respondent as a Bookkeeper. He was charged with misconduct. A hearing was held in his absence. A guilty verdict was returned. The punishment therefor was his dismissal from employment. The termination letter is dated the 8th April 2019. This application for condonation was filed on the 1st October 2019. The intervening period amounts to six (6) months. The Labour Court Rules S.I 150/17 in Rule 20(1) require that a review be brought within twenty-one days from the date proceedings... More
