At the hearing of this matter I upheld a point in limine and dismissed the application with costs. I indicated that the reasons for my decision would follow. These are they.
Applicant filed an application for condonation of late filing of an application for rescission of a default order and an application for rescission of a default order. On3 June 2015 this court had granted a chamber application in terms of Rule 19 (3) (a) of S.I. 59/2006 and dismissed applicant’s appeal with no order as to costs. The present application was filed on 31 July 2015. Respondent objected to... More
This is an appeal against an arbitral award. The grounds of appeal are as follows:
“1. The arbitrator misdirected himself at law and found that the Applicant did not comply with Section 3(1) of the Labour Relations General Conditions of Employment, (Termination of Employment) Regulations, 1985.
2. The Arbitrator erred at law by holding that the dispute had prescribed in terms of section 94(2) of the Labour (R)elations Act Chapter 28:01, when it had not, as the computation of one hundred and eighty days in terms of the Act itself incorporates the period on review in this matter. Therefore the... More
This is an appeal to the Supreme Court from a judgment of this Court.
The application was decided on the basis of the record. The grounds of appeal raise issues of fact. The Labour Act [Chapter 28:01] (The Act) provides in Section 92 E (1) that:
“An appeal on a question of law only shall lie to the Supreme Court from any decision of the Labour Court”
The grounds raised therefore are contrary to the provisions of The Act.
After considering the papers it is ordered that the application for leave to appeal to the Supreme Court be and is... More
This is an application for reinstatement of a matter. This is a result of the matter having deemed abandoned by the Registrar because of Applicant’s non-compliance of the Labour Court Rules, 2017. More
On 22 July 2015 this Court granted an order in which it allowed respondent’s appeal in accordance with Rule 22 of the Labour Court Rules 2006, (Statutory Instrument 59 of 2006). Applicant has applied for rescission of that judgment. Respondent has raised a point in limine stating that appellant is disabled from making such application due to the nature of the judgment granted. Mr Gama submitted that when the parties appeared before the Court, applicant’s Counsel applied to the Court for condonation for late filing of the Response and the Court did not grant the application and proceeded to deal... More
