On 13th November 2013 Arbitrator N.A. Mutongoreri made an arbitration award. Therein he dismissed Appellant’s complaints about Respondent’s job evaluation exercise. Appellant then appealed to this Court against the award. Respondent opposed the appeal. More
This matter was set down as an application for leave to appeal to the Supreme Court. On the hearing date the applicant applied that the bar operating against it vis filing of Heads of Arguments be uplifted. Respondent objected to the upliftment of the bar and moved the court to rule that the applicant is barred for want of filing heads of argument on time. This judgment therefore concerns itself with the point in limine vis the upliftment of the bar only. More
This is an application for leave to appeal against the decision of this court that was handed down on the 31st May 2019. This court in its judgment found that the Applicant had erred by applying SI 15/2006 when there were regulations that were provided for it to apply in conducting disciplinary proceedings. More
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
