This is an appeal against the decision of the Arbitrator. The brief facts are that First Respondent referred his matter to a Labour Officer in terms of section 93 (1) of the Labour Act (Chapter 28:01). At the proceedings, Appellant raised a point in limine to the effect that the matter was prescribed in terms section 94 of the Act and required the Labour Officer to make a determination thereof. The Labour Officer declined to do so. The Labour Officer proceeded to issue a Certificate of No Settlement and the matter was referred to arbitration as provided by statute. The... More
This Court has rendered three judgments in this matter. The first was on 13 May 2024, the second on 19 December 2024 and the last one on 14 May 2025. More
“It is deplorable that the Rules of Court are not studied or taken seriously by the legal practitioners who practice in those courts. It is part of a legal practitioner’s legal duty to his client to ensure that he is well versed in the Rules of the Court in which he appears on behalf of his client. Not to be conversant with the Rules constitutes, in my view, gross negligence on the part of a legal practitioner vis a vis his client” (per ZIYAMBI JA in Innocent Kadungure v Cheryl Chandi Kadungure SC 19/07) More
[1]This is an application for condonation for late noting of an appeal. It is opposed.
The following are some of the requirements which are considered in order for an application of this nature to succeed:
a)The extent of the delay More
On 17th July, 2024 Arbitrator J Murakata issued an award which ordered appellant to pay respondent (its ex-employee) US$23,000.00 as outstanding school fees. The award also declared that respondent is entitled to purchase the ‘organisation vehicle’ from appellant. Appellant then appealed the award to this Court in terms of section 98 (10) of the Labour Act Chapter 28:01. Respondent opposed the appeal. More
Applicant applied for this Court’s leave to file a supplementary affidavit in the matter
pending under reference LCH 36/25. The application is provided for under Rule 14(5) of the Labour Court Rules, 2017. Respondent opposed the application.
The basis of the application is set out in applicant’s founding affidavit as More
On 02 October 2024 two matters LC/H/764/24 and LC/H/785/24 were placed before this court. LC/H/785/24 pertained to grant of interim relief pending appeal. By consent interim relief was granted thus leaving for determination only appeal LC/H/764/24. This judgment therefore addresses only the issues raised by the appeal following the conclusion of the interim relief case by the consent order More
