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This is an application for leave to appeal to the Supreme Court at the instance of the applicant employee. Background to the matter is that the employer the bank successfully appealed to the labour against a reinstatement order made by the NEC Appeals Committee for the banking sector in a labour dispute pitting the employee and the bank. The employee was irked by the success of the appeal so he now wants to approach the Supreme Court on appeal. It is in the light of such intent that he seeks leave from this court to approach the Supreme Court on... More

This is an appeal against the decision of the respondent’s disciplinary authority which found appellant guilty of misconduct and dismissed her from employment. More

On 20 January 2023 the applicant received a summons from Mlotshwa Solicitors, another law firm, showing that the 1st to the 8th respondents were claiming outstanding salaries against it in the sum of USD$20,000.00 at the High Court. This according to Jackson was the first time that the applicant became aware of the matter. Following receipt of the summons the applicant became aware that a Designated agent , the 9th respondent ,had made a determination against it on the 20th of October 2022. This means that in terms of the Rules an application for review against the determination by the... More

THIS IS AN APPLICATION FOR REVIEW IN TERMS OF SECTION 89(I)(DI) AND 92 EE(I) OF THE LABOUR ACT [CAP 28:01] AS AMENDED BY THE LABOUR(AMENDMENT) ACT 5 OF 2015 AND AS ALSO READ WITH RULE 20(I) OF THE LABOUR COURT RULES, 2017. IN LIMINE THE APPLICANT THROUGH HIS HEADS OF ARGUMENT TOOK A POINT IN LIMINE THAT THE RESPONDENTS WERE IMPROPERLY BEFORE THE COURT AND WERE TECHNICALLY BARRED. IT WAS APPLICANT CONTENTION THAT IN TERMS OF RULE 20(2) OF THE LABOUR COURT RULES 2017, A NOTICE OF RESPONSE TO AN APPLICATION FOR REVIEW HAS TO BE FILED WITHIN TEN DAYS OF THE DATE OF RECEIPT OF THIS APPLICATION. IN THIS CASE THE RESPONDENTS HAVING BEEN SERVED WITH THE APPLICATION FOR REVIEW ON THE 17TH OF DECEMBER, 2019 WERE REQUIRED TO HAVE FILED THEIR RESPONSE WITHIN TEN DAYS OF THAT DATE. THE RESPONDENTS HAD HOWEVER FILED THEIR NOTICE OF RESPONSE ON THE 1ST OF JANUARY 2020 CLEARLY OUT OF TIME. (2020-07-31)
This is an application for review in terms of Section 89(i)(di) and 92 EE(i) of the Labour Act [Cap 28:01] as amended by the Labour(Amendment) Act 5 of 2015 and as also read with rule 20(I) of the Labour Court rules, 2017. IN LIMINE The Applicant through his heads of argument took a point in limine that the Respondents were improperly before the court and were technically barred. It was Applicant contention that in terms of Rule 20(2) of the Labour Court Rules 2017, a Notice of Response to an application for review has to be filed within ten days... More

This is an application in terms of Rule 22. The respondent failed to file its notice of response within the prescribed time. The brief History of the matter is outlined below: On 12 October 2015 the matter was referred before me in terms of rule 22 of the Labour Court rules. The respondent had been served with an application for review and an appeal. The appeal and the application for review had been duly served on the respondent on 9 June 2015. Certificates of service were filed as of record to prove such service. More