This is an application for leave to appeal to the Supreme Court. Such an application is governed by section 92 F of the Labour Act [Chapter 28:01] as well as Rule 36 of this Court’s rules, S.I. 59/2006. More
A brief history of the matter should help put it into perspective. The respondent won an arbitral award handed down by Arbitrator A.J. Manase sometime in July 2013, in terms of which his retrenchment by the applicant company was nullified.
On 23 September 2013, the applicant filed an appeal in this Court, against the arbitral award. On 20 November 2013, a default judgment was issued by Honourable Judge Murasi, in terms of which applicant’s appeal was dismissed for want of prosecution. More
The appellant and respondent are embroiled in a labour dispute. When the matter was placed before me it could not proceed on merits, the respondent raised two preliminary points that the appellant has dirty hands therefore should not be allowed to prosecute its matter. Secondly that the grounds of appeal do not raise questions of law. More
The matter was placed before me as an appeal hearing. At the commencement of this hearing the Applicant (Respondent in the main matter)raised a preliminary point. The point was that the Respondent having filed his appeal against the Applicant’s Appeals Committee to this Court, the Applicant having in turn filed its notice of opposition in the matter (on 12th October 2011) the Respondent then filed its Heads of Argument on (23rd September 2013) almost two years after the notice of opposition. It was Applicant’s position that by virtue of Rule 19 of the Labour Court Rules,Statutory Instrument 59 of 2006the... More
At the end of the hearing of this matter the following order was issued:
“IT IS ORDERED THAT:
1st Applicant takes all the necessary steps to ensure that its officers and officers under the command of the 1st, 2nd, and 3rd Respondents, authorised to cast ballots in terms of section 81 of the Electoral Act [Cap 2:13] who failed to cast their ballots on the 14th and 15th of July 2013 because of the unavailability of ballot papers, be and are hereby allowed to cast their ballots on the 31st of July 2013.” More