The appellant employed the respondent as an expenditure clerk from July 2000. She was engaged as a grade 7 employee. In February 2018 the appellant was assigned to do grade 9 duties. Her pay and other benefits remained at those of a grade 7 employee. As a result, the respondent made a claim against the appellant raising the issue of the failure by the appellant to pay her an acting allowance. More
The appellant employed the respondent as an expenditure clerk from July 2000. She was a grade seven employee in February 2018, the appellant was assigned to do grade nine duties. Her pay and other benefits however remained at those of a grade 7 employee.
The respondent brought a claim against the appellant alleging that the appellant had failed and or neglected to pay her an acting allowance. The issue referred to the arbitrator was therefore that of alleged nonpayment of an acting allowance. More
At the onset of oral argument in this Court, respondents made an oral application for condonation of the late filing of their Response. Appellant opposed the application.
It is common cause that the notice of appeal was served on respondents on 22nd June 2023. They were required to file a Response on or by 6th July 2023. They only filed their Response on 13th July 2023. They were 5 days out of time. Respondents’ attorney stated, from the bar, that they had problems in uploading the Response onto the Court’s IECMS platform over the 5 days. They also tried using... More
This is an application for leave to appeal to the Supreme Court in terms of section 92 F (2) of the Labour Act, (Chapter 28:01).
The developments in the matter are interesting. Respondent filed a Notice of Opposition as shown in the Opposing Affidavit from page 26 of the record. On the date of hearing, Applicant’s legal practitioner stated that they were raising a point in limine as Respondent had not filed heads of argument and further that Respondent was no longer opposing the application. More
The 1st to the 56th Respondents who are applicant employees brought a claim for alleged non-payment of outstanding salaries and the dispute was referred for adjudication in terms of section 63 of the Labour Act [chapter 28:01] (the Act). The designated agent made a determination on 20 November 2023. The applicant was dissatisfied with the determination and filed this application for review alleging procedural unfairness and bias. More
This is an application for review of the Disciplinary proceedings convened by the 2nd Respondent against the Applicant. The application is premised on Section 92 EE (1) of the Labour Act [Chapter 28:01] as read with Rule 20 of the Labour Court Rules, 2017. More
This is an application for condonation for the late filing of an application for review. When the matter was first heard on 7 May 2024 both respondents were in default. The Court sought to seek clarifications from the 2nd respondent and invited him to Court. During the 2nd hearing on 3 July 2023, the 2nd respondent appeared in person. More
