This is an application for rescission of a default order in terms of section 92 C (1) (c) of the Labour Act [Chapter 28:01]. The applicant alleges that the order was granted in error, which allegation is disputed by the respondent. The record of proceedings indicated that on 31 March 2015 the following order was made in the matter referenced LC/H/1141/2014: More
This is an application for condonation of late filing of an application for rescission of a default judgment and upliftment of an automatic bar operating against applicant. More
On 28 October 2016 after hearing the applicant and counsel I granted an order in favour of the applicant herein. On 31 October 2016 a letter by the first respondent’s Counsel addressed to the Registrar requesting written reasons for my decision was placed before me. More
This is an appeal against an arbitral award.
The term of reference which the arbitrator was to consider was,
“whether or not the employee is entitled to a retrenchment package and the remedy thereof.”
To determine this term, the Arbitrator considered both parties submissions. It was not an issue that the shop Appellant worked in, was closed due to non-viability of the shop. It was also not in dispute that Respondent offered Appellant alternative jobs which she refused to take. More
This is an appeal against a decision of NEC Appeals Committee for the Welfare and Education Institution (NEC Appeals Committee) handed down on the28th October, 2014.
The Appellant is a duly registered private learning institution governed by the Collective Bargaining Agreement of the welfare and Education institution. The Respondent was until July 2014 employed by the Appellant as its bookkeeper. The Respondent was on the 1st of July 2014 charged with a violation of Schedule 4 Gross Misconduct offences under the relevant code i.e. NEC Welfare and Educational Institution Code of Conduct. More
At the hearing of this appeal, the respondent raised preliminary issues which were:
(1) The appeal was only premised on grounds of facts and thus must be dismissed as no grounds of law have been brought before the court for determination.
(2) The grounds of appeal raise procedural issues and these are not properly raised in an appeal. They should be held to be improperly before the court.
(3) The appeal is out of time and is for that reason also improperly before the court and must be dismissed. More
The applicant in this matter was convicted of the murder of his girlfriend. Because of extenuating circumstances, he was sentenced to life imprisonment. He was aged 19 at the time of his conviction and has been in gaol since 1995 for almost 21 years. The gravamen of his application is that life imprisonment without the possibility of judicial review or parole is unconstitutional. More
