This is a consolidated matter, an appeal against an arbitral award and a review of the same award. The two matters were filed separately under case numbers LC/H/496/11 and LC/H/489/11. An application for the consolidation of both matters was made. This Court granted the application.
The background to this case is as follows:
The Respondent was employed by Appellant as Information and Documentation Officer on a contract for a period of three (3) years from July 2002. The contract was to expire on 12 July 2005. On the 29th of July 2005 Appellant wrote to Respondent advising him that the... More
This is an application in terms of Section 46 (a) of the Labour Act, [Chapter 28:01], wherein it is sought that the Court determines under which employment council the business operations of the first respondent fall.
The Applicant is an Employment Council registered in terms of the Labour Act. It is responsible for regulating the Catering Industry in terms of the Collective Bargaining Agreement: Catering Industry (General Conditions) Statutory Instrument 167 of 1991. More
This is an application for leave to introduce evidence on appeal. The Respondents were employed by the Applicant. In 2009 Applicant introduced a retrenchment which the claimants accepted. A dispute arose regarding the payment of the retrenchment packages. The following issues were referred to arbitration. More
This matter was set down for parties to argue an application for interim relief. The record was prepared and paginated for that application. When the parties appeared the legal practitioner for the applicant withdrew the application so that parties could proceed to argue the merits. The parties had prior to their appearance before me,duly discussed and agreed to this route. I accordingly endorsed that that application had been withdrawn. More
This is an application for rescission of default judgment upliftment of bar and condonation of late filing of heads of argument. Respondent was granted an arbitral award in his favour on 25 September 2012. Applicant appealed against the arbitral award on 2 October 2012. There was no notice from the Registrar, in terms of Rule 15(2) of this Court’s Rules SI 59/06, to the Respondent. Nevertheless Respondent filed his response on 13 November 2012 which he says was served on Applicant’s legal practitioners on 14 November 2012. Applicant filed heads of argument on 17 January 2013. On 29 January 2013... More
This is an application for leave to appeal to the Supreme Court against a judgment of this Court which dismissed a preliminary point raised by the applicant. The application is opposed. More
