On 11 September 2014 the appellant noted an appeal against the arbitrator’s decision in a labour dispute which pitted him and the respondent employer. On 8 October 2014 respondent filed its notice of response to the appeal. Since then nothing happened to the matter despite the fact that as per the papers filed of record both parties were legally represented. No heads of argument were filed neither was the matter set down for hearing on the merits. The conclusion drawn from the history of the matter is that appellant has abandoned his case. More
This is an application for condonation for late noting of an application for rescission of a default judgment.
The respondent raised two preliminary points for determination.
The first issue wasthat the application for condonation was not supported by the founding affidavit. To that extent there was no proper application for condonation for late noting of an application for rescission of a default judgment.
The applicant had no meaningful submissions to make in response. More
The matter was referred to me for determination on the record in terms of Section 89 (2)(9)(i) of the Labour Act [Cap 28 : 01]. The matter had been filed in 2014 but was lying idle due to failure on the part of the Appellant to settle sheriff’s costs for services of Notice to Set- down. The Senior Judge through a directive dated 3rdOctober 2016 directed these matters be referred for determination on the record. More
The appellant worked for the respondent as an Administrator at Chiredzi. He was charged with misconduct. After a hearing he was dismissed from employment on the 13th May 2013. Thereafter he filed an application for review in this Court. The respondent opposed the application. More
This is an application for the upliftment of the bar operating against Applicant and condonation of late filing of heads of argument.
In terms of Rule 19(1) of the Labour Court Rules 2006 Statutory Instrument 59 of 2006 (The Rules), a party who is to be represented by a legal practitioner is obliged to file heads of argument, for an applicant within 14 days of receiving the notice of response to the application. The response was filed on the 22nd July, 2013 and Respondent’s Heads of Argument were filed on 9th September, 2013. More
The background is that the respondents were employed by the appellant. A dispute arose between the parties. The dispute was that the employer sought to introduce new contracts of employment to supersede the contracts it had with the respondents. The respondents refused to sign the new contracts. The employer then decided to pay those who had agreed to sign the new contracts More
