This is an urgent application by the applicant in terms of which he seeks the following relief:
A. Terms of the final order sought
1. The detention of the applicant be and is hereby stayed pending the finalization of his application for review filed with this court. More
By an award dated the 28th February, 2014, the Arbitrator found that Respondent had been unfairly dismissed and ordered that she be reinstated to her position without loss of salary and benefits. In the event of reinstatement not being possible, Respondent was to be paid damages. More
The appellant appeals against the determination of an arbitrator which ordered it to pay salary arrears in the sum of $221 646.50 in 9 instalments of $24 627.39 per month.
All the respondents were employed by the appellant. It is not in dispute that the respondents did not receive their salaries for sometime when the appellant experienced financial challenges. At times they were underpaid. The respondents filed a claim for the recovery of the money with a labour officer. When conciliation efforts failed the matter was referred to arbitration. The arbitrator made a finding set out in the first paragraph... More
Before the matter proceeded into the merits, a preliminary point was raised on behalf of the respondent. It was submitted that the appeal was filed out of the prescribed period and therefore improperly before the court.
For the respondent it was submitted that the appeal was against a determination of 27 November 2013. The appeal before the court was filed on 8 July 2015. The background to this case was given as follows:
The appellant and respondents had a labour dispute. The matter was eventually placed before the General Engineering Committee of the National Employment Council for the Engineering and... More
This is an appeal against the decision of an arbitrator. The appellants were employed by the respondent on fixed term contracts. The appellants’ contracts were terminated by the respondent. A dispute arose in respect of the appellants’ entitlements in terms of the contracts of employment. The matter ended up in arbitration. The arbitrator dismissed the appellants’ claims. The appellants are dissatisfied with the award and have approached this court for relief. More
This is an appeal against an arbitral award.
The appellant was employed by the respondent as an early childhood development (ECD) teacher on 7 February 2005, on a contract without limit of time.
The respondent, whose operations are regulated by the Ministry of Education Sport and Culture (as it was then), received a Circular No 12 of 2005 in August 2005 which set the need for establishment of standards to be met in the provision of early childhood development by schools. More
The applicant was employed by the 1st respondent as a finance and administration officer. She was initially unprocedurally dismissed on the 25th of July 2014 without being properly charged nor a hearing having been conducted.
On the 1st of August 2014, the applicant lodged a complaint of unfair dismissal with the Labour Office. Inexplicably this first complaint was not allocated to a labour officer. The applicant lodged a fresh complaint on the 5th of November 2015. The issues raised were unfair dismissal and unfair labour practice relating to the alleged failure by the 1st respondent to pay the full salary,... More
