This is an application for leave to appeal a judgment of this Court, judgment number LC/H/746/13, to the Supreme Court. The Court in that judgment remitted the matter back to the applicant and ordered the applicant in the present application to record mitigation before approaching this Court. The order was made because the appeal was not properly before the Court. An adjudicating authority is enjoined by section 12 A (4) of the Labour Act [Chapter 28:01] to consider mitigation before pronouncing a penalty especially where dismissal is a possibility. In that regard therefore it would have been inappropriate for the... More
This is an appeal against a determination of the National Employment Council (NEC) for the Tobacco Industry Grievance and Disciplinary Committee.
The second and fourth respondents were employed on seasonal contracts whilst the first and third respondents were employed on permanent contracts, by the appellant. More
This is an application for the review of a determination handed down by the National Employment Council Tobacco Industry Grievance and Disciplinary Committee (GDC) on 29 October 2015. The determination ordered the reinstatement of the respondents to their employment with the applicant, or payment of damages in lieu of reinstatement. More
The matter was placed before mepurportedly as an application for condonation of late noting of an appeal.
After perusing the record and upon an enquiry with the applicant’s legal practitioner, it became apparent that the applicant was actually seeking condonation for the late filing of an appeal co-joined with an application for review – a two in one approach. Apart from that the court’s enquiry also established that the two i.e. the appeal and the application for review relate to two different arbitral awards – a principal award and a quantification award issued pursuant to the first. This however was... More
