This is an application challenging the constitutional validity of s 28 (2) of Reconstruction of State Indebted Insolvent Companies Act [Chapter 24:27], (“the Reconstruction Act”). The said provision expressly removes employees or former employees of a company falling under the Reconstruction Act (of which the third respondent is one) from the protection afforded by the Labour Act [chapter 28:01]. More
The brief background of this matter is that the applicant was employed by the respondent as a finance manager and director for 18 years. He was dismissed from employment in February 2023, he then appealed against the dismissal before one Arbitrator W.T. Pasipanodya who ruled in his favour and ordered his reinstatement without loss of salary and benefits. The respondent then appealed to the Labour Court but the appeal was dismissed, there were subsequent applications for appeal and leave to appeal by respondent however they were dismissed. The applicant then obtained a judgment in his favour under judgment No LCH... More
On 14 March 2023, the Supreme Court set aside this Court’s judgment and made the following Order:
“1. The appeal be and is hereby allowed with costs.
2. The judgment of the court a quo be and is hereby set aside and substituted with the appeal be and is hereby allowed. More
DEMBURE J: This matter was placed before me as a court application to compel transfer of an immovable property into the applicant’s name. On 5 March 2025, the court issued an ex tempore judgment the operative part of which read as follows:
“The application be and is hereby dismissed with costs on a legal practitioner and client scale.”
On 10 March 2025, the applicant’s legal practitioners requested the written reasons for the court’s decision. What follows are the full written reasons thereof. More
This is an appeal and cross appeal of the determination which was issued by the Designated Agent in a labour dispute between the appellant employer and the respondent employees. More
1. This is an application for condonation and reinstatement of appeal. The application is brought in terms of r 70 (2) of the Supreme Court Rules 2018. If successful, the applicant intends to appeal against the whole judgment of the High Court under case number HCH 4750/11. The judgment was handed down on 12 February 2024 under judgment number HH 64/24. More
This matter follows upon the issue of a consolidation order by this Court. As a result, the appeals by appellant and 2nd respondent against the arbitral award issued by 1st respondent were heard as one matter. The following is the judgment in the both matters. More
