This is an application for the review of the decision of the respondent Council to reverse a resolution which had resulted in the applicant employee’s reinstatement following a labour dispute between the 2 parties.
The basis for review is two fold. It is argued that the employer’s conduct of reversing the reinstatement resolution it had passed on the employee’s case was an illegal act as it went contrary to the provisions of Sec 12(3) of the Labour Act. Secondly it is argued that the employer lacked jurisdiction to rescind its previous decision to reinstate because it did not possess the... More
This is an application for the rescission of a default judgment handed down by this court on 7 February 2014 where the applicant who was the then appellant failed to turn up on the set down date to prosecute his appeal. More
Before the merits of this application could be heard, Mr T.K. Hove who appeared on behalf of the respondent raised a preliminary issue. Mr Hove submitted that the parties are wrongly cited. The wrong citation was brought to the attention of the applicant and his legal practitioners. This was not corrected. Mr Hove therefore applied for the Court to dismiss the application before the Court for lack of clarity. More
This is an application for leave to appeal to the Supreme Court in terms of section 92 F (1) of the Labour Act [Chapter 28:01]. This Court dismissed applicant’s appeal against respondent’s decision to find him guilty and dismissing him from employment. Applicant’s grounds of relief at the Supreme Court are as follows: More
Respondent, through a resolution of the Board of Governors, decided to re-organise the workplace which saw Appellant’s position of National Programmes Co-ordinator being abolished. Appellant was appointed National Training Manager without loss of salary and benefits. Appellant was disgruntled with the move and sought to have the matter resolved by the Labour Court after discussions at the workplace had hit a brick-wall. The Labour Court dismissed his application. More
