This is an application for leave to appeal to the Supreme Court at the instance of the applicant employer in a matter where its application for condonation of late noting of an appeal to the Labour Court was struck off the roll on account of the dirty hands principle. The principle had been raised by the respondent employee as a point in limine after realising that the applicant had not complied with the arbitral award or at least sought stay pending appeal.
The background to the matter is that the respondent employee got an arbitral award in his favour where... More
This is an appeal which was heard on 9 May 2013. Judgment was reserved on the basis that, both parties would file with the Court all the relevant papers on or before 15 July 2013. By that date the parties would also have indicated to the Court, whether or not they wished to make oral submissions on the matter. More
This is an appeal and a cross appeal against the arbitrator’s award. The employee Cheneso had approached the arbitrator after her suspension by the employer Green Motors had been declared unlawful by a court of law. The arbitrator ruled that she was entitled to certain benefits which he awarded her but declined her some for reasons spelt out in the arbitral award. More
On 12th March 2012 the Honourable A.J. Manase made an arbitration award. In terms thereof he dismissed Appellant’s claim against Respondent for unpaid salary. Appellant then appealed to this Court. More
This is an application for quantification of damages. It is based on a judgment by CHIVIZHE J whose operative part reads as follows:
“In the circumstances the appeal ought to be dismissed. The decision by the General Engineering Committee and indeed the decision by the Works Council clearly cannot stand. The Respondent shall be reinstated into employment with effect from the date of the wrongful termination of contract, being 24th March, 2009. The Appellant shall pay to the Appellant (sic) the salary and benefits from that date to the date of this order. ……………………………… In the event however that reinstatement... More
