This is an application for leave to appeal to the Supreme Court in a matter where this court upheld the point in limine which was raised by the respondent employees against the appellant employer. The point was basically to do with the fact that the appellant employer had appealed to the Labour Court before seeking leave to have the arbitral award which it was appealing against stayed/suspended pending the hearing of the appeal. More
This is an application in terms of section 92 C of the Labour Act [Chapter 28:01]. It is an application to have the judgment of the court corrected as it is alleged that there is an error in the final order of the court. Mr Ndudzo for the applicant submitted that whilst the order of the court may be sound it is the implication in the interpretation of paragraph (c) thereof that is problematic. Mr Ndudzo further stated that a reading of the order would entitle respondents to benefits which were not extant at the time of their appointments. It... More
This is an appeal against an arbitral award where the arbitrator ruled in favour of the now Respondents in a case where the parties were locked in a dispute of over certain allowances and the reduction of the now Respondents’ employment contract to wiring. More
The appeal was noted against an arbitral award handed down by the Hon. G. Kwaramba dated 28th October 2014.
The Respondent was employed by the appellant as a Consultant effective 1st March 2009. The consultancy agreement terminated on the 24th of July 2013. The respondent thereafter lodged a claim for unlawful dismissal and non-payment of terminal benefits and salaries. The matter was referred to arbitration in terms of Section 98(6) of the Labour Act [Cap 28:01]. The terms of reference before the Arbitrator were as follows;
1. To determine whether or not there was unlawful dismissal and non-payment of terminal... More
This judgment concerns two applications for condonation filed by the Applicant. They are for condonation for late filing of heads of argument in both an application for interim relief and the main appeal. More
