This is an application for the quantification of damages due to the applicant employee following the success of his review application in a labor dispute pitting him and the respondent employer. More
On 23 May 2024, the court refused first and second respondents` application for upliftment of a bar. The court furnished the reasons thereof ex tempore and issued the following order; -
1) The application for upliftment of the bar by First and Second Respondents for failure to file heads of argument in terms of the Rules of Court be and is hereby dismissed with costs.
2) Matter to proceed as unopposed. More
: This is a court application for a declaratory order in which the following order is sought:
IT IS ORDERED THAT:
1. The application for a declaratory order be and is hereby granted.
2. The applicant be and is hereby declared to have been married customarily to Shepherd Gwasira, and that she be declared a surviving spouse to the Estate Late Shepherd Gwasira.
3. The Late Shepherd Gwasira/deceased’s estate is declared to be governed by customary law.
4. The third respondent be and is hereby ordered to pay costs of suit. 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
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 and extension of time within which to apply for review of the proceedings held before the 1st respondent.
Background
The 2nd respondent was employed by the 3rd respondent as its managing director. He was charged with gross incompetence and inefficiency in terms of the governing regulations. He was found guilty and dismissed. He challenged the proceedings in an application for review which was successful and the 2nd respondent was reinstated without loss of salary or benefits. The 3rd respondent (the employer) was aggrieved and unsuccessfully... More
