|
Citation
|
Judgment date
|
| September 2023 |
|
|
Negligence of an advocate chosen by the applicant and unexplained delay do not justify extension of time to lodge revision.
Civil procedure — Extension of time — discretionary relief — applicant must account for each day of delay. Legal representation — negligence of chosen advocate ordinarily does not constitute good cause to extend time. Corporate applicants — internal administrative changes require evidence to justify delay.
|
27 September 2023 |
|
Applicant failed to prove termination; CMA award confirmed; applicant entitled to unpaid and ongoing salary subject to limitation.
Employment law – proof of termination; unspecified period contract – unpaid salary entitlement while employee; admissibility (hearsay) of witness statements; Labour Institutions (Mediation and Arbitration) Rules, Rule 10(2) – limitation on recovery of wages; confirmation of CMA award on revision.
|
27 September 2023 |
|
Mediator lacked power to grant condonation; CMA proceedings and award nullified for lack of jurisdiction and defective pleadings.
Labour law — Mediation — Mediator’s role limited to facilitating settlement; mediator lacks power to adjudicate condonation except in narrow exceptions. Jurisdiction — Condonation improperly granted by mediator leads to lack of jurisdiction and nullity of subsequent CMA proceedings. Procedure — Mediation is mandatory; issues for arbitration must derive from matters mediated; defective CMA F1 and failure to properly frame issues vitiate proceedings. Remedy — CMA proceedings and award can be quashed and parties remitted to CMA for proper processing of condonation and amendment of pleadings.
|
27 September 2023 |
|
Application to set aside Registrar's decision was improperly filed; appeal under statute and rules was the proper remedy.
Labour law — Registrar's decisions under Part IV of the Employment and Labour Relations Act — Appeal to Labour Court under s.57 — Labour Court Rules (Rules 28–31) prescribe appeal procedure and time limits — Rule 55 not available where an appeal route exists — Rule 30(1) 15-day notice and Rule 56 extension for late appeals.
|
27 September 2023 |
|
Failure to account for each day of delay and lack of proof of e‑filing led to refusal to extend time to appeal.
• Labour procedure – application for extension of time to file notice of appeal – requirement to account for each day of delay.
• Proof of electronic filing – absence of e‑filing printout cannot be treated as evidence of earlier filing.
• Procedural choice – indifference in selecting improper remedy (revision instead of appeal) is not good cause for extension.
• Alleged advocate negligence or abuse of process – unsupported submissions are not evidence.
|
27 September 2023 |
|
|
27 September 2023 |
|
Whether a fixed-term contract was renewed by default and whether the applicant proved a reasonable expectation of renewal.
Employment law – Fixed-term contract – Renewal by default – continued work after expiry is insufficient; surrounding circumstances must warrant renewal (Rule 4(3), GN. No. 42 of 2007). Labour relations – Legitimate and reasonable expectation of renewal – burden on employee to prove reasonableness. Evidence – Written contract without renewal clause and employer’s notice informing no renewal dispositive.
|
27 September 2023 |
|
A Deputy Registrar properly refused a premature call on a bank guarantee lodged as security pending completion of related proceedings.
Civil procedure — review — Rule 27 Labour Court Rules — apparent error on face of record required to justify review. Execution — bank guarantee deposited as security — calling guarantee premature where related proceedings not finally determined. Functus officio — earlier conditional order did not make court functus officio; subsequent ruling did not vary predecessor’s order. Security — bank guarantee may be used in subsequent stay/execution proceedings until finality achieved.
|
26 September 2023 |
|
Complainants failed to prove a binding agreement for a full 25% salary increase; claim dismissed.
Labour law – collective bargaining; whether negotiations produced a binding agreement for a 25% salary increase; interpretation of collective agreement clause 9.4 (frequency vs amount/mode); burden of proof on claimant to prove agreement on balance of probabilities; employer’s correspondence showing negotiations not finalised; claim dismissed.
|
25 September 2023 |
|
Arbitration was void where the employer’s name was improperly substituted after mediation and beyond permitted time limits.
Labour law – substitution of party – Rule 25 & Rule 29 GN. No.64/2007 – mandatory mediation (Rule 4(2) GN. No.67/2007) – limitation and condonation (Rule 10) – jurisdictional defect renders arbitration a nullity – s.88(4)(a) inapplicable to cure lack of jurisdiction.
|
25 September 2023 |
|
CMA lacked jurisdiction over a disciplinary dispute involving a public entity employee; CMA award quashed.
Labour law – jurisdiction of labour institutions – whether CMA may entertain disciplinary/termination disputes involving public entity employees after insertion of Section 32A of the Public Service Act. Public law – status of state-owned corporations – determination that TRC is a public entity. Procedural law – nullity of proceedings and awards rendered without jurisdiction – CMA award quashed and set aside.
|
25 September 2023 |
|
The applicant failed to show invalid retrenchment or procedural unfairness; the CMA Award upholding retrenchment was upheld.
Employment law – Retrenchment – operational requirements: economic/financial necessity as valid ground. Employment law – Retrenchment procedures – Section 38 ELRA and GN. No. 42/2007 – notice, disclosure and consultation obligations. Company/Regulatory approvals – no mandatory board resolution or central bank approval demonstrated for retrenchment in these circumstances. Administrative law – review of CMA Award – material irregularity, bias and adequacy of consultation standards.
|
22 September 2023 |
|
Applicant’s refusal to sign an employer document amounted to gross insubordination; dismissal was substantively and procedurally fair.
Labour law – Misconduct and dismissal – Gross insubordination (refusal to sign employer document) as valid reason; Procedural fairness – requirement of investigation under Rule 13 GN No.42/2007 may be dispensed with depending on circumstances; CMA award review – appellate court will not disturb finding where substantive and procedural fairness satisfied.
|
22 September 2023 |
|
A judge may refuse recusal where prior suo motu legal intervention and notice to parties do not demonstrate sufficient bias.
Judicial recusal – standards for disqualification – sufficient/convincing reasons required under Code of Conduct and case law Judicial procedure – suo motu raising of legal issues (jurisdiction/competence) – duty to afford parties opportunity to be heard Forum shopping – recusal requests motivated by discomfort with prior rulings resisted Labour procedure – competence considerations (s.57 ELRA and Labour Court Rules referenced)
|
22 September 2023 |
|
Post-expiry handover and salary payment do not amount to renewal of a fixed-term employment contract.
Labour law – fixed-term contracts – automatic termination on expiry; validity of purported contract renewals – requirement of board resolution and mandate; continuation of employment – post-expiry handover duties and payment do not create reasonable expectation of renewal; review of CMA award.
|
22 September 2023 |
|
Court set aside CMA award ordering return to work with full back pay where no unfair dismissal was proved.
Labour law – unfair dismissal – factual finding of no dismissal (absenteeism) – limits of reinstatement/back-pay remedies; Tribunal powers – grant of unclaimed statutory remedies versus inappropriate remedies where preconditions (dismissal) absent; Entitlement to salary – no pay for periods an employee absents without working.
|
21 September 2023 |
|
|
21 September 2023 |
|
Revision application dismissed as time‑barred; no proper application or affidavit sought extension of time.
Labour law – Revision of CMA arbitration award – Limitation period under Section 91(1)(a) ELRA – Six-week prescription runs from service of award; application filed after 42 days is time‑barred; extension of time/condonation requires a formal application supported by affidavit; Limitation Act s.3(1) applied.
|
20 September 2023 |
|
High Court upheld CMA award: termination was unfair and right to be heard breached; revision dismissed.
Labour law – jurisdiction and time limits for referring disputes to CMA; burden of proof and solicitation in recruitment; right to be heard/natural justice in termination following regulator vetting; substantive and procedural unfair labour practice; discretionary nature of compensation awards.
|
20 September 2023 |
|
Employer proved genuine economic retrenchment and followed consultation; CMA award quashed for misapplying financial evidence requirements.
Labour law – retrenchment (termination for operational requirements) – employer must prove genuine economic/operational grounds on balance of probabilities. Labour law – procedural fairness – Section 38 ELRA and Rule 23 GN. No. 42/2007 – notice and consultation requirements. Evidence – admissibility and sufficiency of financial statements; arbitration proceedings require minimal legal formalities (Section 88(4)(a) ELRA). Jurisdiction – arbitrator’s power to interpret law not ultra vires.
|
20 September 2023 |
|
Court grants extension to file notice of appeal due to technical delay caused by clerical error in Certificate of Delay.
Extension of time – technical delay – clerical error in Certificate of Delay – notice of appeal – Rule 83 and Rule 90 Court of Appeal Rules – doctrine in Fortunatus Masha applied.
|
19 September 2023 |
|
Mandatory CMA F.10 must be filed and served within 30 days or leave sought; failure led to expunging of notice and striking out revision.
Labour law — Revision of CMA award — Mandatory notice (CMA F.10) under Reg. 34(1) G.N. No.47/2017 — Filing and service requirements — Court sets 30-day practical time limit to file notice — Leave required to file notice out of time — Failure to serve and lack of leave warrants expunging notice and striking out revision.
|
18 September 2023 |
|
Technical delay from a defective affidavit can justify extension of time to file revision if applicants acted diligently.
Labour procedure – Extension of time to file revision against CMA award – Technical delay due to defective affidavit – Diligence by applicants – Advocate's duty to the court.
|
12 September 2023 |
|
Applicant's unexplained cumulative delay, including a 98-day gap, led to dismissal of the extension of time application.
Extension of time – requirement to account for each day of delay – good cause threshold – insufficiency of unexplained delay in affidavit – review/reference out of time procedure.
|
12 September 2023 |
|
|
12 September 2023 |
|
|
12 September 2023 |
|
A review of a Deputy Registrar’s decision must be filed within 15 days; late review was dismissed.
Labour procedure – review of Deputy Registrar’s decision – Rule 27(1) Labour Court Rules – 15‑day limitation period – Rule 26 inapplicable to reviews of Deputy Registrar – time‑barred review dismissed.
|
11 September 2023 |
|
The applicant proved entitlement to termination benefits; the Commission erred by disregarding the applicant's documentary evidence.
Employment law — termination for redundancy — entitlement to termination (dismissal) benefits — weight and consideration of documentary evidence (employment contract, termination letter, computation of benefits) — Commission's failure to give effect to such evidence is an error.
|
11 September 2023 |
|
|
9 September 2023 |
|
Court set aside CMA award for want of jurisdiction due to time-bar; payment-in-kind recognised but not dispositive.
Labour law — jurisdiction and limitation — Rule 10(2) GN No.64/2007 (60 days) — condonation (Rule 31; Rule 11(3)) — continuing breach doctrine — payment in kind permissible (ILO Convention No.95; Employment and Labour Relations Act s.15(1)(h)).
|
8 September 2023 |
|
Improper admission of an untendered termination letter vitiated the arbitral award, requiring rehearing before a different arbitrator.
Evidence – Admission of documents – Document not tendered or admitted cannot form part of the record and reliance thereon is fatal. Procedural irregularity – Improper admission of exhibit – miscarriage of justice – award nullity. Labour law – premature referral – validity/effect of termination letter. Remedy – quashing award and remitting matter for rehearing before different arbitrator.
|
8 September 2023 |
|
Omnibus application combining extension and setting aside ex‑parte judgment was expunged and extension of time refused.
Labour procedure – omnibus applications – whether extension of time and setting aside ex‑parte judgment can be joined; Rule 37(2), Rule 38(2) and Rule 56 Labour Court Rules. Procedural competency – requirement to seek leave/extension before filing an out‑of‑time application to set aside ex‑parte judgment. Extension of time – good cause/good reason; sickness as ground requires clear, contemporaneous evidence and full explanation of delay. Duty to account for each day of delay and diligence in prosecuting review/revision applications.
|
8 September 2023 |
|
A revision challenging a CMA name-correction ruling is not barred by res judicata where the subject matter differs.
Labour law – Revision under s.91 ELRA – Challenge to CMA ruling correcting parties' names; Res judicata – requirements (same parties, same subject matter, same relief, competent court) – subject matter must be identical for res judicata to apply; Execution proceedings – withdrawal to seek correction at CMA.
|
8 September 2023 |
|
Silence after an upheld internal decision may amount to termination; CMA dismissal for prematurity quashed and matter remitted.
Labour law – Termination of employment – meaning of 'termination' under Rule 10(1) GN No. 64/2007; exhaustion of internal remedies; premature referral to CMA; limits of revisional jurisdiction — quash and remit where CMA failed to decide merits.
|
8 September 2023 |
|
Applicant failed to demonstrate sufficient cause for extension; counsel’s oversight and unsupported sickness did not justify delay.
Labour law — extension of time — requirements under Lyamuya for sufficient cause and accounting for each day of delay; advocate’s oversight not sufficient; jurisdiction — challenges to President’s decisions in labour matters require High Court judicial review, not CMA.
|
7 September 2023 |
|
Failure to determine a time‑limitation preliminary objection at the CMA vitiated the award; matter remitted for rehearing.
Labour law — jurisdiction and preliminary objections — time limitation — duty to determine jurisdictional/time-bar objections before merits — failure to do so vitiates award and warrants rehearing.
|
6 September 2023 |
|
A time‑barred judicial review leave application must be dismissed under the Limitation Act; extension, not striking out, is the remedy.
Judicial review — leave to apply — Rule 6 GN. No. 324 (2014) six‑month limit — remedy for late filing — application of Law of Limitation Act s.3(1) — limitation jurisdictional — constitutional right to hearing/inherent powers cannot cure statutory limitation — extension of time required.
|
6 September 2023 |
|
Change in respondent’s capacity after retrial for missing records does not create a new time-barred claim; CMA award quashed.
Labour law – revision – trial de novo ordered due to missing CMA records – fresh pleadings required. Parties – change of respondent’s capacity (Managing Director to company) in fresh filing does not automatically create a new party. Limitation – fresh pleadings after remittal are not necessarily time-barred where retrial was ordered for missing records. Procedure – preliminary objections on identity of parties and limitation must be assessed in context of absence of prior pleadings.
|
6 September 2023 |
|
Application for extension to file revision dismissed as res judicata under section 9 CPC.
Labour law – extension of time to file revision – application dismissed as res judicata. Civil Procedure – res judicata – application barred by section 9, Civil Procedure Code (Cap 33 R.E. 2019). Procedural bar – identical parties and identical cause previously litigated; dismissal appropriate.
|
4 September 2023 |