This is an application for leave to appeal to the Supreme Court in terms of section 92 F (1) of the Labour Act [Chapter 28:01]. This Court dismissed applicant’s appeal against respondent’s decision to find him guilty and dismissing him from employment. Applicant’s grounds of relief at the Supreme Court are as follows: More
This is an appeal against the whole judgment of the Labour Court wherein an application for condonation of the failure to timeously file an application for review was dismissed with costs. More
This is an application in which an order is sought for the setting aside of the relief granted in case number HC5257/11 on 15 July 2013. The applicants also seek the leave of this court, to file opposing papers to the chamber application filed by the respondent under the aforementioned case number. Applicants seek an order that the respondent pay costs on a legal practitioner client scale. This case will turn on the meaning, at law, of the phrase ‘in the absence of one of the parties’, for purposes of interpreting the provisions of r 449 of the rules of... More
Respondent worked for appellant as a maintenance clerk. A copy of the employment contract is filed of record. It is a fixed term contract running from 31 January 2013 to 30 April 2013. According to appellant, respondent was off sick as from 20 February 2013. At the end of his treatment respondent did not present himself for work. He merely inquired about his leave pay. He did not inquire about his salary for May 2013 until he made a report some 12 months later alleging unfair dismissal. Respondent’s case was that his contract was not terminated. He further submitted that... More
This is an appeal against an arbitral award by Hon T Mlilwana that was handed down on 24 August 2015. The arbitrator handed down the following award:
“(i) Backpay $280-00 x 12 months = USD 3 360-00
(ii) Damages $280-00 x 8 months = USD 2240-00
(iii) Gratuity $27% x $280-00 x 22 years = USD 1163-20
(iv) Leave Pay $280-00 x 2 months = USD 560-00
Total USD 7 323-00 More
Following the issuance of summons by the plaintiff, the defendant duly filed appearance to defend and subsequently filed an exception in terms of Order 3 r 11 (c) of the High Court Rules.
The plaintiff issued summons in which she claims special and general damages. Having referred to a declaration as amplifying the summons, the plaintiff simultaneously filed a declaration that outlines the particulars of claim. Four days before the defendant filed an exception, the plaintiff filed a notice of amendment of the summons and declaration.
The defendant’s exception is that the summons is bad at law as it discloses... More
This is an appeal against an arbitral award.
The law does not allow appeals against decisions of arbitrator to be premised on points of fact unless it is alleged in the grounds and notice of appeal that the findings of fact made where wholly irrational. More
