This is an application for leave to appeal to the Supreme Court. On 4 March 2016 judgment was handed down upholding a point in limine that the purported appeal is not premised on and does not raise any question of law. More
Applicant applied for this Court’s leave to file a supplementary affidavit in the matter
pending under reference LCH 36/25. The application is provided for under Rule 14(5) of the Labour Court Rules, 2017. Respondent opposed the application.
The basis of the application is set out in applicant’s founding affidavit as More
At the hearing of this matter, the respondent raised a point in limine which is the subject of this judgment.
The appellant appealed against an arbitral award in favour of respondent. Respondent was engaged by appellant as a journalist for a period of three years. The parties did not reduce their relationship into writing. In 2014 appellant terminated the parties’ relationship. Respondent was aggrieved and referred the matter to conciliation and thereafter arbitration. The arbitrator held that there was a contract of employment between the parties which was not terminated lawfully. He ordered the reinstatement of the respondent with no... More
On 3 March 2015 arbitrator B Matongera issued an arbitration award. He upheld respondents’ claim of unlawful dismissal from employment by appellant. He further ordered appellant to either reinstate respondents or pay them damages in lieu of reinstatement. Appellant then appealed to this court against the award. Respondents opposed the appeal. More
On the 10th November 2011 an issue was raised as to whether the grounds of appeal were proper grounds in line with the Supreme Court cases of:
SABLE CHEMICALS INDUSTRIES LIMITED VS DAVID PETER EASTER BOOK SC 18/10 (SABLE CHEMICALS)
And
NORMAN MUTSUTA, TONDERAI KATSANDE VS CAGAR (PRIVATE) LIMITED SC 47/09 (CAGAR)
In a nutshell the issue was do the grounds of appeal raise a question of law for the appeal to be properly before this Court?. More
