This is an appeal against a judgment of the Labour Court dated 27 September 2013. After hearing argument we made an order allowing the appeal in part and indicated that the reasons thereof would be availed in due course. More
This matter was set down as an appeal against the arbitrator’s decision where he ruled on the point in limineraised in the arbitral proceedings that the employees had pursued multiple legal proceedings hence the claim they had brought before the arbitrator could not be entertained by the arbitrator. More
The application before me is an application for leave to execute pending appeal. The facts of the case have been covered in detail in the pleadings and what appears below is a brief summary of the relevant facts.
The applicant hereinapplied to this Honourable Court to have an arbitral award registered. This application was opposed by the respondent. The respondent opposed the application for two main reasons; the first was that there was an application for stay of execution of the arbitral award pending before the Labour Court at the time the applicant sought to have the arbitral award registered.... More
The Court is proceeding in terms of Section 89 (2)(a)(i) of the Labour Act [Chapter 28:01] THE ACT which reads:
“In the exercise of its functions, the Labour Court may –
(a) On the case of an appeal –
(i) Conduct a hearing into the matter or decide it on the record; or
(ii) …………………………………” More
This is an application for leave to appeal to the Supreme Court against the judgment of this Court that was handed down on the 16 October 2015. This Court in its judgment set aside the arbitral award by Susan Changawa. It nullified the transfer of the appellant to Mahshe Investment and ordered Applicant to reinstate the Respondent’s pension. More
The accused was unrepresented. He was convicted on his own plea of guilty to stock theft as defined in s 114[2][a] of the Criminal Law [Codification and Reform] Act, [Cap 9:23] [“the Criminal Law Code”]. He stole one heifer and exchanged it for a bicycle. The heifer was subsequently recovered. The court found no special circumstances. It imposed the mandatory minimum sentence of nine years imprisonment. The matter has now come up on automatic review in terms of s 57 of the Magistrate’s Court Act, [Cap 7:10]. More
At the hearing of this matter I dismissed the application with costs and indicated that reasons would follow. These are they;
On 15 October 2015 I dismissed the applicant’s appeal with costs. At that hearing applicant was represented by one Witness Mapamba, a human resources officer. On 12 November 2015 applicant filed an application for leave to appeal in terms of section 92F (2) of the Labour Act [Chapter 28:01]. Applicant was now represented by counsel. The founding affidavit to the application was deposed to by Witness Mapamba. The intended grounds of appeal are; More
