This is an application for rescission of a default judgment granted by this applicant on 26 May, 2021. It is opposed.
The requirements for a default judgment to be rescinded are as follows:
1. Whether or not the applicant was inwilful default.
2. Whether or not the application is bona fide;
3. Whether there are prospects of success should the matter be heard on the merit More
This is an application for leave to appeal to the Supreme Court in terms of section 92 F (2) of the Labour Act, (Chapter 28:01).
The developments in the matter are interesting. Respondent filed a Notice of Opposition as shown in the Opposing Affidavit from page 26 of the record. On the date of hearing, Applicant’s legal practitioner stated that they were raising a point in limine as Respondent had not filed heads of argument and further that Respondent was no longer opposing the application. More
The respondent was dismissed by the appellant. In so dismissing the respondent, the appellant did not follow the provisions of the applicable code - The National Code of Conduct Statutory Instrument 15 of 2006. The respondent was aggrieved by the dismissal and the manner in which the dismissal was done. He pursued the dispute resolution system. The matter was conciliated upon without yielding the desired results. The matter was referred to arbitration. More
This is an application for stay of execution of an arbitral award handed down on 16 September 2015, in terms whereof the applicant was ordered to pay the respondents a total sum of US$6424-98 as arrear salaries. This was after the arbitrator ruled that the disciplinary proceedings that led to the respondents’ dismissal were null and void. More
