This judgment addresses applications for condonation for late filing of applications for review and appeal by 2 employees of Golden Valley Mine namely Shadreck Mkuwu in LC/H/278/23 and Godknows Dube LC/H/277/23. On account of the fact that the matters deal with the same subject and that the relief sought is the same the parties to the matters requested that both matters be consolidated and be decided as a single matter. In the result the court ordered by consent on 19 July 2023 that the 2 matters be consolidated. This judgment therefore addresses the matters in their consolidated form. The parties... More
This judgment addresses applications for condonation for late filing of applications for review and appeal by 2 employees of Golden Valley Mine namely Shadreck Mkuwu in LC/H/278/23 and Godknows Dube LC/H/277/23. On account of the fact that the matters deal with the same subject and that the relief sought is the same the parties to the matters requested that both matters be consolidated and be decided as a single matter. In the result the court ordered by consent on 19 July 2023 that the 2 matters be consolidated. This judgment therefore addresses the matters in their consolidated form. The parties... More
The background facts are that in 1997, the applicants were suspended from work without pay pending an application to the Ministry of Labour for the dismissal from work after they participated in a collective job action. A Labour Relations Officer ordered reinstatement without loss of salary and benefits. The respondent appealed against that decision to a Senior Labour Relations officer. The appeal was successful and the Senior Labour Relations Officer granted permission for the applicants’ dismissal but ordered the respondent to pay applicants their terminal benefits within 15 days of receipt of the determination. The applicants ultimately appealed to the... More
The appellant was employed by the respondent as a Vehicle Sales Manager on 2 June 2014. On 4 December 2014, he was charged with gross incompetence or inefficiency in the performance of his work in terms of s 4(f) of the Labour (National Employment Code) Regulations, 2006 (SI 15/06) also referred to as the National Code. A disciplinary hearing was held and the Hearing Officer found the appellant guilty and his contract of employment was terminated. The appellant appealed the decision of the Hearing Officer to the Chief Operations Officer who did not respond to the appeal. The appellant had... More
On 31 January, 2023, I delivered the order dismissing the claim for Caterpillar D6H Grader (hereinafter called “the Grader”) instituted by the Claimant namely Franklin and Sons (Private) Limited (hereinafter called the “the Claimant”) against the Judgment Creditor namely Saunyama Transport (Private) Limited, (hereinafter called “the Judgment Creditor”. The claimant subsequently requested for the reasons of the Order. This judgment, therefore, is meant to supply the reasons for the order of 31 January 2023. More
Appellant appealed to this Court against his dismissal from employment by Respondent. The appeal is provided for in terms of section 92 D of the Labour Act Chapter 28:01. More
