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Citation
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Judgment date
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| February 2022 |
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Court granted condonation, finding cause of action arose on PSC’s denial and remitted dispute to CMA for merits.
Labour law — condonation of time — limitation — when cause of action arises — effect of pre‑litigation communications — CMA’s exercise of discretion — revision and remit for merits.
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28 February 2022 |
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Applicant’s vague reasons (nursing wife, arrest) did not justify 104-day delay; CMA’s refusal to grant condonation upheld.
Labour law – condonation/extension of time for late referral to CMA – requirements of Rule 11(3) GN No. 64/2007; appellate review of CMA’s discretionary refusal to extend time.
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28 February 2022 |
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A timely notice of non-renewal rebuts any reasonable expectation of renewal of a fixed-term employment contract.
* Employment law – fixed-term contracts – automatic termination on expiry (Rule 4(2) GN 42/2007) * Reasonable expectation of renewal – burden on employee to show objective basis (Rule 4(5) GN 42/2007) * Prior renewals or employer undertakings not decisive where notice of non-renewal is given * CMA award quashed for misdirection regarding expectation of renewal
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28 February 2022 |
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Revision allowed; CMA proceedings and award quashed for awarding against a non‑party and non‑sueable entity.
Labour law; arbitration award against non‑party; proceedings against non‑juristic entity; nullity of proceedings; revision as remedy.
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28 February 2022 |
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Prison officers’ failure to file documents and a prison transfer constituted good cause to extend time to appeal.
Criminal Procedure Act s.361 — Extension of time to file notice of appeal; Good cause test for extension of time; Prisoner’s inability to follow up due to prison officers’ default and transfer; Unopposed application (no counter‑affidavit).
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28 February 2022 |
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An application naming 'and others' without disclosing names or authority is incompetent and struck out.
Civil procedure – Competence of proceedings – Notice of application and affidavit referring to 'and others' without naming co-applicants – Requirement to disclose names or show authority to represent others – Defective/invalid application struck out.
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28 February 2022 |
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Alleged illegality of a CMA settlement must be proved and apparent on the record; extension of time refused for lack of evidence.
Labour law — extension of time to apply for revision of CMA award — illegality as ground for extension — illegality must be proved and apparent on the face of the record (Lyamuya) — importance of attaching contested CMA records and settlement deed — need to adduce evidence denying signatory's mandate.
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28 February 2022 |
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Failure to file the mandatory CMA notice under Regulation 34(1) renders a revision application incompetent and struck out.
* Labour law – Revision applications – Requirement to file notice of intention to seek revision at the CMA under Regulation 34(1) GN. No. 47 of 2017 – mandatory nature of 'shall' – failure renders application incompetent.
* Civil procedure – Overriding objective – cannot be used to circumvent mandatory procedural rules.
* Interpretation – mandatory procedural requirements analogous to notice of appeal; non‑compliance goes to foundation of case.
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25 February 2022 |
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Failure to cite Labour Court's exclusive jurisdiction, a defective joint affidavit, and unnamed applicants rendered the injunction application incompetent.
Labour law – exclusive jurisdiction of Labour Court to grant injunctions (s.94(1)(f)(ii) Employment and Labour Relations Act; s.51 Labour Institutions Act); procedure – requirement to name applicants in notice of application; affidavits – form and propriety of joint affidavits under Oaths and Affirmation Rules; competence of notice of application.
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25 February 2022 |
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Application dismissed: notice signed by advocate (not party) and extension to revive time‑barred revision is barred.
* Labour procedure – competence of application – Rule 24(2) Labour Court Rules – notice of application must be signed by the party bringing the application.
* Civil procedure – preliminary objection – incompetence for improper signature; party signature requirement.
* Extension of time – limitation – doctrine of functus officio – fresh extension to revive revision dismissed as time‑barred is impermissible.
* Abuse of court process – re‑litigation of a matter already dismissed for being time‑barred.
* Remedy – appeal to Court of Appeal where a revision has been dismissed as time‑barred.
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25 February 2022 |
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Extension of time granted where CMA award appeared illegal on its face because terminal benefits had already been paid.
Labour law – extension of time to file revision – discretion and sufficient cause – illegality apparent on face of record as ground for extension – effect of prior payment of terminal benefits on CMA award.
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25 February 2022 |
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A notice of application in the Labour Division may be validly signed by the applicant’s advocate as the applicant’s representative.
Labour procedure — Notice of application — Rule 24(2) and Form No.4 — Signature by applicant's representative — Advocate recognised as party/representative under Section 56 (Labour Institutions Act) and Section 88(9) (Employment and Labour Relations Act).
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24 February 2022 |
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Technical delay and lack of evidential proof of counsel’s negligence justified extension of time for the applicants to file revision.
Labour law – extension of time to file revision – extension discretionary and requires sufficient cause – technical delay can constitute sufficient cause if applicant shows diligence – negligence of counsel must be pleaded and proved, not left to submissions – counter-affidavit must place evidence to rebut applicant’s account.
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24 February 2022 |
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Application for extension to file notice of appeal dismissed for inordinate delay and failure to show sufficient cause.
Extension of time – notice of appeal – application to extend time to lodge notice of appeal; requirements: no inordinate delay, diligence, or illegality apparent on face of record (Lyamuya principles); Court of Appeal Rules r.83(1)-(2); s.11(1) Appellate Jurisdiction Act.
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24 February 2022 |
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An order striking out an unsigned CMA Form 1 is interlocutory and not subject to revision; e-filing counts for limitation purposes.
* Labour procedure – revision of CMA proceedings – whether striking out unsigned CMA Form 1 is interlocutory and not revisable under Rule 50. * Limitation – electronic filing treated as filing date under GN. No.148/2018 for Section 91(1) time limits.
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22 February 2022 |
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An application filed out of statutory time without prior extension is jurisdictionally incompetent and must be dismissed.
Labour procedure – limitation of time – jurisdictional effect of statute of limitation – application filed out of time without extension – court lacks jurisdiction and must dismiss – no equitable relief against limitation.
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21 February 2022 |
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CMA award set aside where original handwritten record was missing and exhibits were not formally received, vitiating the proceedings.
* Labour law – arbitration – procedural irregularity – absence of original handwritten proceedings – authenticity of record; * Evidence – exhibits must be formally received and marked – reliance on unreceived documents vitiates award; * High Court – power to nullify CMA proceedings and remit for rehearing.
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21 February 2022 |
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CMA award upheld: dismissal was substantively and procedurally unfair; 36 months' compensation and one-month pay confirmed.
Labour law – unfair termination – substantive and procedural fairness; employer's duty to investigate before disciplinary action (Rule 13(1) GN 42/2007); discretionary compensation for unfair dismissal – minimums and appellate restraint; contractual entitlement to notice or pay in lieu.
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21 February 2022 |
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Extension of time granted because alleged illegality (arbitrator deciding unframed issue) justified leave despite unexplained delay.
* Labour procedure – extension of time to file revision – failure to account for delay – exception where point of law or illegality is shown. * Administrative law – illegality/procedural irregularity – arbitrator deciding issue not framed and condemning parties unheard. * Authority – Principal Secretary, Ministry of Defence v Devram Valambhia [1992] TLR 185 applied.
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21 February 2022 |
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Extension of time granted to file revision because alleged illegality (unframed issue determined) justified extension despite unexplained delay.
* Labour law – extension of time to file revision – requirement to account for delay.
* Procedural fairness – illegality and procedural irregularity where arbitrator decides an issue not framed and parties thereby condemned unheard.
* Illegality as sufficient cause – Principal Secretary v. Devram Valambhia applied to justify extension of time.
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21 February 2022 |
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Notice of non-renewal before expiry extinguishes reasonable expectation of renewal of fixed-term contracts.
Labour law – fixed-term contracts – automatic termination on expiry (Rule 4(2) GN 42/2007) – reasonable expectation of renewal requires objective basis (Rule 4(5)) – prior renewals not determinative – notice of non-renewal extinguishes expectation – CMA award quashed.
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21 February 2022 |
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Omission to decide on a sought reinstatement vitiates an arbitral award and requires remittal to the CMA.
Labour law – remedy for unfair termination – reinstatement under s.40(1)(a) – duty to decide and give reasons when plea is made – omission vitiates arbitral award – remittal to CMA; appellate court cannot substitute its view.
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21 February 2022 |
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Operational redundancy can justify retrenchment, but failure to consult/refer to mediation renders the termination procedurally unfair.
Labour law – Retrenchment – operational/structural redundancy due to outsourcing – requirement to consult and refer to mediation (section 38 ELRA, GN.42/2007) – procedural fairness – compensation for procedural unfair dismissal – assessment and reduction of CMA award.
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21 February 2022 |
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A 16‑year unexplained delay and forum‑shopping fail to justify extension of time to appeal.
Labour procedure — extension of time — requirement to account for each day of delay — forum‑shopping and advocate’s mistake not sufficient cause — reliance on State Attorney’s advice — potential CMA jurisdictional issues.
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21 February 2022 |
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Preliminary objections dismissed: affidavit stated reliefs and jurisdictional challenge was premature and for revision stage.
Labour procedure — preliminary objections — competence of affidavit (Rule 24(3)(d)) — extension of time to file revision — jurisdiction of CMA involving public servants (s.32A Public Service Act) — appropriateness of raising jurisdiction as a preliminary objection.
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18 February 2022 |
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The applicant's revision was struck out for noncompliance with mandatory affidavit rules; leave to refile granted within 14 days.
Labour law — Revision of arbitration award — Procedural compliance — Affidavit requirements under Rule 24(3)(a) and (d) Labour Court Rules — Party identification under s.91 ELRA — CMA F.10/reg.34(1) compliance.
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18 February 2022 |
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The applicant's dismissal for alleged gross negligence and unauthorized carriage was substantively unfair for lack of proof.
* Employment law – unfair termination – substantive fairness: employer must prove valid reason for dismissal based on reliable admissible evidence. * Evidence – hearsay and improperly admitted documents: Traffic Police information as hearsay and expunged document (exhibit FB1) cannot sustain dismissal. * Employer policy – burden to tender and prove existence, clarity and applicability of internal policies relied on for dismissal. * Duty of care – shared responsibility for roadworthiness of company vehicles; termination for negligence requires clear proof.
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18 February 2022 |
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Failure to formally tender and admit key documents at CMA vitiated proceedings and required a retrial.
* Labour law – probation and confirmation – procedural fairness and right to be heard under Rule 10 GN. No. 42 of 2007.
* Evidence – admissibility of documentary exhibits at CMA – requirement to produce, mark and admit exhibits and record objections (Rule 19(2)(b) GN. No. 67 of 2007).
* Natural justice – failure to afford opportunity to object to exhibits vitiates proceedings and warrants retrial.
* Relief – CMA award quashed; retrial ordered before another arbitrator.
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18 February 2022 |
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A payslip description cannot defeat payment obligations under a settlement agreement; CMA award set aside.
Labour law – settlement agreement interpretation – payslip description versus contractual term; arbitrator’s substitution of findings; entitlement to repatriation where employee delays clearance.
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18 February 2022 |
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Retrenchment was procedurally unfair; re‑engagement inappropriate; employee awarded statutory monetary compensation.
Employment law — Retrenchment — Procedural fairness under s.38 ELRA and Rules 23–24 Code of Good Practice — Consultation and disclosure requirements — Remedy: re‑engagement vs monetary compensation under s.40 ELRA.
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18 February 2022 |
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Employer failed to prove a specific-task contract; termination was unfair and the CMA award was upheld.
* Labour law – unfair termination – entitlement to remedies where employment is continuous/indefinite.
* Contract classification – specific-task (fixed-term) versus indefinite employment – burden on employer to prove specific-task contract.
* Evidence – party cannot object to the probative effect of exhibits it validly tendered; admissibility and reliance on termination letter (Exh. DI).
* Statutory particulars (s.15(1) Employment and Labour Relations Act) – written particulars not determinative where evidence supports continuous employment.
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18 February 2022 |
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Labour Officers can order contracts and arrears paid, but lack power to impose a 5% service-charge obligation.
* Labour law – powers of Labour Officers – compliance orders under s45 and s46(1) LIA – scope and limits.
* Employment contracts – s14 ELRA – duty to provide a recognised form of contract; compliance orders to remedy absence.
* Remuneration – s27 ELRA – payment of agreed or statutory wages; Labour Officer empowered to order payment of arrears.
* Ultra vires acts – Labour Officer cannot impose obligations (5% service charge) unsupported by labour statutes.
* Collective agreements and representation – s59, s62 ELRA – evidentiary requirement to show agreed salary deductions.
* Procedural fairness – audi alteram partem; complaints overtaken where compliance subsequently effected.
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18 February 2022 |
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Application for leave to appeal struck out as misconceived after High Court had already certified points of law.
* Appellate Jurisdiction Act s.5(1)(c) & s.5(2)(c) – leave to appeal v. certificate of points of law – leave granted once under the appropriate subsection.
* Procedure – competency of subsequent application after certification – misconceived application.
* Remedies – error on face of record – review to the same judge; court cannot vary order made by another judge.
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15 February 2022 |
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Court refuses to rely on an undocumented CMA ruling; parties must return to CMA to record and obtain proper correction.
Labour law — Correction of CMA award — Compliance with court order — Admissibility of purported CMA rulings not recorded in the CMA file — Parties must return to CMA and obtain recorded proceedings and ruling.
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14 February 2022 |
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Employer failed to prove misconduct; arbitrator must justify compensation exceeding ELRA minimum; reliefs under ELRA sustained.
* Employment law – unfair termination – burden of proof on employer to establish alleged misconduct and ownership of evidence (mobile number) – Evidence Act s110. * ELRA ss37, 40(1)(c) and 44(1) – remedies for unfair termination; twelve months minimum compensation; arbitrator must give reasons when awarding more. * Pleadings – reliefs awarded must ordinarily be claimed, but ELRA permits related terminal benefits (notice in lieu, accrued leave, repatriation) where compensation is awarded.
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11 February 2022 |
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Court upheld CMA: substantive gross negligence proved, procedural defects warranted six months' compensation; revision dismissed.
Labour law – unfair termination – substantive fairness (gross negligence) established but misappropriation not proved; procedural fairness – failure to supply investigation/audit report and delayed appeal; burden of proof remains on employer; specific damages must be strictly proved; reinstatement discretionary; six months' compensation for procedural unfairness upheld.
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11 February 2022 |
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An unexplained one‑day delay in filing for revision, and unpleaded claims of illegality, justified dismissal of the extension application.
* Procedure — Extension of time — Applicant must account for each day of delay; unexplained single-day delay fatal to application. * Evidence — Grounds relied on in submissions must be pleaded in the supporting affidavit; submissions unsupported by affidavit evidence are not considered. * Labour law — Revision of CMA awards — procedural compliance with filing timelines is mandatory for seeking revision.
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11 February 2022 |
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Delay in issuing a CMA award alone does not invalidate it; expired fixed‑term contracts do not attract 12 months' compensation absent legitimate expectation.
Labour law — fixed‑term contracts — automatic termination on expiry; legitimate expectation — requirements: clear, unambiguous representation by an authorised decision‑maker and reasonableness; procedural compliance — delay in issuing CMA award beyond 30 days not fatal absent prejudice; admissibility — arbitrator relied on applicant's tendered contracts, not late documents.
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11 February 2022 |
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Res judicata does not amount to apparent illegality justifying extension of time; application dismissed for failure to account for delay.
* Civil procedure – Extension of time – Applicant must account for each day of delay and show sufficient cause; delay of even a single day must be explained. * Illegality as ground for extension – Illegality must be apparent on the face of the record to justify extension of time. * Res judicata – Allegation of res judicata does not automatically constitute apparent illegality. * Overriding objective – Cannot be used to circumvent mandatory procedural time limits (Labour Court Rules, Rule 27(1)).
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11 February 2022 |
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10 February 2022 |
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Admissibility of late evidence and correct expiry of a three-year fixed-term employment contract decided; the applicant's challenge dismissed.
* Labour law – Fixed-term employment contracts – determination of commencement and expiry – contract commencing 1 January 2016 expired 31 December 2018. * Admissibility of evidence – documents filed out of time – leave required – failure to determine preliminary objection – expungement of late exhibits. * Procedure – compliance with CMA orders; advocates' duty not to mislead court.
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10 February 2022 |
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A signed mandate allows one employee to represent others; employer must prove lawful retrenchment under Section 38.
* Labour law – representative actions at CMA – requirement for signed list of employees and mandate under Rule 5 GN 64/2007; * Evidence – one witness may represent similarly situated employees where claims arise from same transaction and representation not denied; * Employment law – retrenchment/procedural fairness – employer must disclose information and consult as required by Section 38 ELRA; * Remedies – arbitrator entitled to award compensation for unfair termination where employer fails to prove fairness.
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7 February 2022 |
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Applicant constructively dismissed due to prolonged non‑payment of salary; CMA award set aside and compensation awarded.
Labour law – Constructive termination (forced resignation) – Non‑payment of salary – Employer’s burden to prove payment – Exhaustion of internal remedies and ‘good reasons’ exception – Review and setting aside of CMA award – Compensation under s.40(1)(c).
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7 February 2022 |
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A dispute over unpaid instalments accrues on the missed final instalment date; filing within 60 days is timely.
* Labour law – Mediation & Arbitration Rules – limitation – Rule 10(2) GN No. 64 of 2007 – 60-day time limit for breach-of-contract disputes.
* Cause of action accrual – instalment payments – dispute accrues on date of missed final instalment, not necessarily on earlier defaults or contract signing.
* Procedural review – CMA ruling set aside for being wrongly time-barred.
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4 February 2022 |
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Overriding objective may cure non‑prejudicial procedural defects in labour revision applications; preliminary objection overruled.
* Labour procedure – preliminary objection – affidavit and jurat – requirement of s.8 Oaths Act versus overriding objective. * Labour procedure – citation of enabling provisions – whether failure to specify subsection is fatal. * Labour procedure – mandatory form/format – when non‑compliance is curable. * Overriding objective – application to cure non‑prejudicial procedural defects in labour matters.
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2 February 2022 |
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Failure to administer oath to CMA witnesses vitiates proceedings and award; matter remitted for de novo hearing.
Labour law – procedural compliance – failure to administer oath/affirmation to witnesses at CMA vitiates proceedings; mandatory requirements: Oaths and Statutory Declarations Act s.4(a) and Rule 25(1) GN No.67/2007; remedy: nullify proceedings, set aside award, remit for de novo hearing before different arbitrator; retention of CMA reference number.
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2 February 2022 |