This is an application for condonation of the late filing of an appeal. The Respondents have since had the award registered with the Magistrates Court for purposes of execution. The Applicant lodged an appeal with this court under case number LC/H/908/23 on the 8th November 2023. The appeal was struck off the roll by this court under judgment number LC/H/133/24. The appeal was struck off the roll on a technicality with the court finding that the appeal as defective in that the Appellant had mistakenly swapped the amounts the figures of the amounts awarded to the Respondents. The Applicant had... More
This is an appeal against the decision filed in terms of section 128 (1) of the Labour Act, (Chapter 28:01) as amended by Act 11 of 2023. The sole ground of appeal is couched as follows:
“The Labour Officer erred in allowing claims for outstanding salaries for the 2nd Respondent on the strength of a bank statement which had some pages missing. In any event, the bank statement attached showed that 2nd Respondent was owed only $ 1 200- 00.” More
This is an appeal against an order by an arbitrator. The arbitrator ordered that the respondent be reinstated without loss of salary and benefits.
The background to the case is largely common cause. The respondent was employed as a revenue specialist by the appellant. Following alleged misconduct, the respondent together with three other employees were suspended from employment pending investigations. He together with the other employee’s were subsequently charged in terms of the appellant’s Code of Conduct. It was alleged that the employees including the respondent valued motor vehicles without authority and that he used an incorrect procedure in valuing... More
Before me is an application for condonation of late noting of an appeal.
On 3 June 2013 the respondents obtained an arbitral award in their favour. The applicant lodged an appeal against that award on 10 June 2013 in case number LC/H.412/13. That appeal was struck off the roll on the basis that the applicant had irregularly cited respondents as Chenayi Nyaguse and “12 Ors”. Consequently the appeal was defective. That judgment was handed down on 14 March 2014. More
This matter was set down as an application for condonation of late noting of an appeal. Before me are two points in limine that were raised.
Respondents obtained an arbitral award in their favour whose operative part reads as follows;
“1. The charges against the claimants (respondents in casu) are calculated to victimize the claimants. They are illegal and must be stayed.
2. The respondents (applicant in casu) is committing unfair labour practice.
3. Each party to pay its own costs as per agreed quantum.” More
