This is an application for review. The following are grounds for review.
‘1.The Disciplinary Authority lacks jurisdiction to preside over the matter since the applicable code of conduct sets up an appropriate disciplinary committee with jurisdiction and which is different from this disciplinary authority. More
This matter was set down as an application for review at the instance of the applicant employees in a labour dispute pitting them and the respondent employer. The employees raised a point in limine that there was no legal persona before the court in the form of the cited respondent.
The employer in response was adamant that it is a legal persona and if the court were to conclude that it was not it then prayed that the review application be consequently struck off the roll as being bad at law it being process against a party not legally recognisable.... More
By judgement dated 18th September 2006 referenced LC/H/177/06 this Court ordered Respondent to either reinstate Applicant’s employment or pay him damages in lieu of reinstatement. On 20th January 2010 Applicant filed this application for assessment of damages. After a number of glitches, Applicant finally filed a breakdownof his claim at the end of last year. The claim was denominated in United States dollars (USD). More
This is an application in terms of Section 93 (7) (b) (ii) of the Labour Act [Chapter 28:01], wherein applicant’s claim is for payment of outstanding wages and benefits in terms of the contract the parties entered into. More
This is an appeal against the arbitrator’s decision where she dismissed the now appellants’ claim for gratuity in circumstances where they had accepted a pension less favourable than gratuity. Facts of the matter are that the appellant employees who worked for Mukundi plastics and Bevpak later as a going concern got to their respective retirement ages. At that stage they each received their dues upon retirement including receipt of a pension from the pension fund to which they contributed until 2008. More
