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
The matter was originally placed before the Court as an application for condonation for late filing of an application for confirmation of an order by a Labour Officer. The matter was opposed at the hearing, the 2nd respondent raised a preliminary point arguing that the applicant’s representative had no authority to represent the applicant on account of the failure to file proof to that effect. More
This is an application for stay of execution of an arbitral award issued on 20 January 2014.
The application was initially filed with the Registrar as an urgent chamber application on 11 February 2014. On 13 February 2014 the respondent filed with the Registrar a notice of opposition together with respondent’s opposing affidavit. On 17 February 2014 the applicant filed an answering affidavit. On 3 March 2014 this court issued an order dismissing the urgency part of the application and directed that the matter be placed before the court as an ordinary application. More
