Electronic Court judgements

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This is an appeal against a determination by an arbitrator. Section 98(10) of the Labour Act [Cap 28:01] (The Act) stipulates that questions of law only are raised on appeal to this Court on an appeal from a decision of an arbitrator. More

The matter was placed before me as an application for condonation of late noting of an application for review. The material background facts to the matter are as follows: The Applicants are former employees of the 3rdRespondent. In March 2012 the parties entered into a negotiating process for the retrenchment of the Applicants. The process culminated in a retrenchment certificate issued by the Minister on 22nd May, 2012. The Applicants after a period of two years instituted proceedings in the Labour Court to appeal against the Minister’s decision allowing for retrenchment of the Applicants. On the 31st of January 2014... More

This is an appeal against part of an arbitral award in favour of the respondent. More

This is a review application. The grounds on which the review relief sought are contained in the Notice of Application for Review Form LC 4. More

The appellant appealed against an arbitration award in favour of the respondent. The award found that the appellant unfairly dismissed the respondent from its employ and ordered his re-instatement. The appellant’s argument was that the arbitrator erred and misdirected herself in finding that the respondent had a legitimate expectation of the renewal of his contract with the appellant. The respondent opposed the appeal. The concept of legitimate expectation was introduced into our labour jurisprudence by section 12B (3) of the Labour Act [Cap 28:01] (hereafter called “the Act”). More

This is an appeal against an arbitral award made in favour of the Respondent. The Appellant was ordered to reinstate the Respondent with payment of damages in lieu of reinstatement as an alternative. More

This is an appeal against an arbitrator’s decision where he dismissed the appellant’s claim for constructive dismissal by the respondent company. Facts of the case are that the appellant who was in the respondent’s employ as a key accounts manager resigned from employment after he had been transferred by the respondent to work at one of its subsidiaries. It was the appellant’s view that the transfer was a demotion and instead of reporting to the new station he resigned in protest to the transfer. After the resignation, he approached the arbitrator with a claim of constructive dismissal and payment of... More