The Court is going to deal with the main appeal and cross appeal.
The brief history of this matter is that the employee was employed by appellant on a fixed term contract. He was engaged on 1st November 2014 and the contract was supposed to terminate on 30 April 2015. However the appellant terminated the contract on 30 January 2015 on notice. Respondent was paid cash in lieu of notice. The respondent approached the Labour officer with a case of unfair dismissal and non-payment of cash in lieu of overtime. More
This is an application for stay of execution. The Registrar of Labour handed down a determination on the 7th of September 2015 which found that there was an overlap in the scope of coverage between the applicant and the first respondent. She went on to diminish the applicant’s scope of coverage by excluding toilet preparations, detergents, soaps, candles, waxes and polishes. It was directed that all companies which manufactured the aforementioned shall fall under the first respondent’s industry and that administrative arrangements be put in place to secure employee benefits. More
This is an appeal against an arbitral award handed down by Honourable T.C. Sengwe on 9 December 2014. The arbitrator ruled that the respondents were unlawfully dismissed and ordered their reinstatement to the appellant’s employment.
The brief facts of this matter are common cause. The respondents were employed by the appellant on fixed term contracts of employment. These were renewed monthly. The respondents’ employment was terminated when the contracts were not further renewed in 2014.
The respondents lodged a complaint with a Labour Officer,alleging unlawful dismissal. The matter was referred to arbitration, resulting in the arbitral award which is the... More
At the conclusion of the oral submissions I allowed the appeal stating that the full reasons would follow. The following are the reasons.
Respondent was in theemploy of the appellant as a Business Development Manager on a fixed term contract. The contract of employment was due to terminate on 31 January 2014. The respondent alleged that she had a legitimate expectation to be re-employed and reported her matter which led to arbitration proceedings. The arbitrator found in favour of the respondent. The appellant is dissatisfied with the decision of the arbitrator and has approached this court for relief. More
This is an application for rescission of default judgment. It is opposed by the respondent on the basis that it is erroneous, frivolous and an abuse of court process. The default judgment was granted upon failure to enter appearance to defend by the applicant upon service of the summons and declaration. The applicant denies that it was in wilful default on the basis that the summons were served at an address where it is not located and upon a person named Mrs E Alleck who is not one of its employees. The applicant says it became aware of the application... More
This is an appeal against the determination of the Registrar of Labour (the Registrar) in terms of which she limited the scope of registration of the appellant to the iron and steel production, ferro alloy, motor vehicle assembly and manufacturing industries. More
