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Citation
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Judgment date
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| December 2021 |
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24 December 2021 |
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24 December 2021 |
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24 December 2021 |
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23 December 2021 |
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23 December 2021 |
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22 December 2021 |
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22 December 2021 |
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20 December 2021 |
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20 December 2021 |
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20 December 2021 |
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17 December 2021 |
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17 December 2021 |
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15 December 2021 |
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15 December 2021 |
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15 December 2021 |
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Applicant granted 14 days to file revision where alleged jurisdictional illegality and technical delay warranted extension.
Labour procedure — Extension of time under rule 56(1) — "Good cause" test — factors: reasons for delay, length, diligence, prejudice — technical delay vs inordinate delay — illegality on face of record (jurisdictional defect) as sufficient ground for enlargement of time.
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15 December 2021 |
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Employer failed to prove misconduct; termination was substantively unfair and compensation awarded.
Employment law – unfair termination – employer’s burden to prove substantive and procedural fairness (s.37, s.39 ELRA) – evidential standard and proof of misconduct – requirement for clear documentary evidence (signatures, withdrawal vouchers, job authority) – compensation under s.40(1)(c) ELRA where reinstatement impracticable.
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15 December 2021 |
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15 December 2021 |
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15 December 2021 |
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14 December 2021 |
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Where dismissal had a valid reason but procedural defects, compensation must reflect Rule 32(5) factors; excessive award reduced.
Labour — unfair termination — compensation discretion under Rule 32(5) GN. No.67/2007 — factors to consider (extent of unfairness, remuneration, ability to find alternative work, length of service, prior awards) — probation status and entitlement to unfair‑termination remedies — appellate review of excessive arbitral awards.
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14 December 2021 |
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14 December 2021 |
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14 December 2021 |
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An advocate verifying facts beyond personal knowledge renders the applicant's affidavit incurably defective and the application incompetent.
* Civil procedure – Affidavit verification – Order XIX r.3 CPC governs affidavits; verification essential and must be proper.
* Advocate's affidavit – Limits – Advocate may swear only to matters within personal knowledge; must disclose sources for other facts.
* Labour Court Rules – Rule 55(1) – where silent, Civil Procedure Code applies to verification requirements.
* Procedural defect – Incurable defective affidavit renders supported application incompetent and liable to be struck out.
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14 December 2021 |
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14 December 2021 |
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Applicant failed to show good cause to restore struck-out revision due to an inadequate, hearsay affidavit.
Labour procedure – restoration of struck-out application – requirement to show good cause; affidavit evidence prevails over submissions; hearsay: references to third parties require their affidavits; need for particulars and efforts to secure counsel attendance.
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13 December 2021 |
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Applicant failed to prove ownership; unstamped, defective settlement deed and inadequate affidavit evidence doomed challenge to execution sale.
Execution — challenge to sale of goods — locus standi to object — proof of ownership required; Evidence — affidavits as substitute for oral evidence — hearsay and section 110(1) Evidence Act; Stamp Duty Act s.47(1) — unstamped instruments inadmissible; Attachment and sale procedure — movable/immovable distinction; Bona fide purchaser protection.
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13 December 2021 |
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13 December 2021 |
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10 December 2021 |
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Condonation denied where affidavit and medical evidence failed to show good cause or due diligence for long delay.
Labour law — condonation for late filing — Rule 11 GN No.64/2007 and Rule 29 procedure — affidavit suffices; Rule 25 GN No.67/2007 (oath) applies to oral witnesses only — medical evidence must cover delay period; lack of due diligence defeats condonation.
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10 December 2021 |
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10 December 2021 |
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10 December 2021 |
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Unexplained multi‑month delay and non‑apparent alleged illegality warranted refusal to enlarge time to refile the revision.
Labour law – Extension of time (Rule 56(3), GN. No.106/2007) – Good cause – account for each day of delay – diligence and reliance on personal representative – illegality must be apparent on record to justify extension.
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10 December 2021 |
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10 December 2021 |
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10 December 2021 |
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Respondents on three-month unpaid leave were entitled to salary after leave until retrenchment despite the applicant's financial constraints.
Labour law – unpaid leave – scope and duration of leave without pay; entitlement to salary after unpaid leave if employment continues; retrenchment date determines pro rata pay; employer’s financial difficulties do not extinguish accrued salary obligations.
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10 December 2021 |
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Extension of time granted due to misfiling through electronic system and representative’s illness.
Labour law – extension of time to file revision – Rule 56(3) Labour Court Rules; meaning of "good cause"; factors: promptness, explanation for delay, diligence, prejudice; electronic filing errors (JSDS) and representative’s illness as grounds for condonation.
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10 December 2021 |
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10 December 2021 |
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10 December 2021 |
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Extension of time denied where illness explanation was unsupported, partly hearsay, and application appeared a delaying tactic.
Extension of time — application to set aside dismissal for want of prosecution — adequacy of explanation — requirement of supporting evidence (medical report, primary affidavits) — hearsay — abuse of court process/delay tactics in face of pending execution (garnishee nisi).
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10 December 2021 |
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10 December 2021 |
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10 December 2021 |
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Failure to administer oath or affirmation at CMA vitiates proceedings and requires trial de novo before a different arbitrator.
Labour law – evidence – failure to administer oath/affirmation vitiates CMA proceedings; mandatory requirement under Oaths and Statutory Declarations Act s.4(a) and Rule 25(1) of the Labour Institutions (Mediation and Arbitration Guideline) Rules, 2007; remedy – nullification of proceedings, setting aside award and trial de novo before a different arbitrator.
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10 December 2021 |
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10 December 2021 |
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8 December 2021 |
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8 December 2021 |
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8 December 2021 |
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8 December 2021 |
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8 December 2021 |
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8 December 2021 |