This is an application for leave to appeal to the Supreme Court in a matter where this court upheld the point in limine which was raised by the respondent employees against the appellant employer. The point was basically to do with the fact that the appellant employer had appealed to the Labour Court before seeking leave to have the arbitral award which it was appealing against stayed/suspended pending the hearing of the appeal. More
This judgment concerns two applications for condonation filed by the Applicant. They are for condonation for late filing of heads of argument in both an application for interim relief and the main appeal. More
This is an application for stay of execution of an arbitral award issued on 20 January 2014.
The application was initially filed with the Registrar as an urgent chamber application on 11 February 2014. On 13 February 2014 the respondent filed with the Registrar a notice of opposition together with respondent’s opposing affidavit. On 17 February 2014 the applicant filed an answering affidavit. On 3 March 2014 this court issued an order dismissing the urgency part of the application and directed that the matter be placed before the court as an ordinary application. More
At the conclusion of the hearing, the Court dismissed the application stating that reasons would follow. These are they:-
This matter has endured so many quick and false starts in its litigation career. Applicant and Respondent found themselves before an Arbitrator after the conciliation process failed. The Arbitrator found in favour of Respondent and awarded him USD 103 203.38 and ZWD 15 818 201 352.75 as arrear commission. Respondent thereafter lodged an application with the High Court for registration of the award. This was granted. Apparently Applicant did not attend those proceedings despite proper service. Applicant thereafter approached this Court... More
In the present matter an appeal and a review application were noted on 26th June 2012. On 17th December 2012 a notice of response was issued by the Registrar. Thereafter nothing seems to have happened from the applicant/appellant’s side. The applicant/appellant did not file the requisite Heads of Argument. On 9th September 2013 the 1st respondent made an application for the dismissal of the appeal in terms of Rule 19(3). The respondent was entitled to do so. Rule 19(3) provides;
“(3) Where heads of argument that are required to be lodged in terms of sub rule (1) or (2) are... More
Respondents were employed by Appellant as engineers and managerial employees. In April 2012, the Respondents were served with transfer letters which they challenged resulting in an award being made by Arbitrator Shawatu on 9th May 2012 which was to the effect that:
“- the Respondent (Appellant) is hereby ordered to consult the claimants first concerning their wishes, concerns and personal circumstances, regarding the transfers before a discretion to transfer is made.
- The Respondent is further ordered that the decision to transfer the claimants
they had made is invalid and therefore without force or effect for the decision was made... More
