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Citation
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Judgment date
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| July 2023 |
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Court quashed CMA award: restructuring emails were not a final termination and the dispute was prematurely filed.
Labour law – alleged unfair termination – communications informing of proposed restructuring do not necessarily effect termination – authority to terminate – regulatory approval pending – prematurity under Rule 10(1) – failure to prove termination and inadequate evaluation of evidence by arbitrator.
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12 July 2023 |
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Improper admission of un‑tendered exhibits vitiated the CMA award, warranting nullification and a retrial de novo.
Evidentiary law – improper admission of exhibits; right to be heard – documents must be tendered by a witness and admitted in evidence; use of unadmitted documents vitiates proceedings; procedural irregularity in arbitration – nullification of proceedings and order for trial de novo; retrenchment procedure and substantive fairness not determined due to prejudicial admission of evidence.
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11 July 2023 |
| June 2023 |
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Labour Court lacks jurisdiction over Prisons Service officers’ employment disputes; internal disciplinary channels must be exhausted.
Labour law – jurisdiction – Section 2(1)(iii) ELRA excludes Prisons Service members; disciplinary matters for prison officers governed by Police Force and Prisons Service Commission Act (Regulation C3(1), s.7(3)) – internal channeling to Inspector General and Commission required before judicial review.
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30 June 2023 |
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Fixed-term contract expiry, not maternity leave, does not automatically amount to unfair termination absent proven expectation of renewal.
Labour law – fixed-term contract – automatic expiry on agreed date – expectation of renewal – Rule 4 GN. No. 42/2007 – maternity leave does not create automatic renewal – review of CMA award for legal and factual error.
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30 June 2023 |
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Improper admission of exhibits and denial of opportunity to object vitiated the arbitration award, requiring a retrial de novo.
Labour law – retrenchment – procedural fairness in arbitration – proper tender and admission of documentary exhibits; denial of opportunity to object; right to be heard. Evidence – documents not formally tendered cannot form part of record; improper admission vitiates proceedings. Remedies – nullification of proceedings and order for trial de novo before different arbitrator where award based on improperly admitted evidence.
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30 June 2023 |
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Labour Court struck the union's complaint as incompetent due to mandatory procedural defects despite proper jurisdiction for declaratory claims.
Labour law — jurisdiction — declaratory relief v. disputes over collective bargaining agreements; applicability of Section 74/86 and Labour Court Rules. Civil procedure — Labour Court Rules — Rule 6(1)(b)(ii) (statement of legal issues) and Rule 6(1)(c) (signature by party) — mandatory requirements. Civil procedure — service on Attorney General — Rule 23(2) where dispute involves government entity — mandatory and fatal if omitted. Overriding objective principle cannot be used to circumvent mandatory procedural rules or to cure substantive procedural defects.
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30 June 2023 |
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Applicants failed to prove an employment relationship; CMA award upheld and revision application dismissed.
Labour law – proof of employment – burden on claimant to prove employment relationship – credibility assessment of oral contracts and documentary evidence; review of CMA award.
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30 June 2023 |
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Revision withdrawn for failure to file mandatory notice of intention under Regulation 34(1); leave required before refiling.
Labour law – Revision against CMA award – Procedural requirements – Necessity of filing notice of intention to seek revision (CMA Form No.10) – Regulation 34(1) G.N. No.47 of 2017 – Leave required before filing revision – Withdrawal of application – No order as to costs.
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28 June 2023 |
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Court dismissed extension application: unexplained delay and no merit in illegality claim that Mediator lacked jurisdiction.
Labour procedure – extension of time to file revision – requirement to account for delay; illegality as ground for extension; jurisdiction of Mediator to dismiss time‑barred complaints under Labour Institutions (Mediation and Arbitration) Rules.
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27 June 2023 |
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The applicant succeeded because no final termination agreement existed, making the CMA complaint premature.
Labour law — Termination by agreement — Requirement of mutual consent/signature for termination by agreement; Labour Institutions (Mediation and Arbitration) Rules, Rule 10(1) — complaint to CMA must follow an actual termination or final decision to terminate; Procedural fairness — tribunal cannot uphold unfair termination where evidence shows negotiations were ongoing; Revision — quashing CMA award premised on non-final termination.
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27 June 2023 |
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A time‑barred breach‑of‑contract claim rendered the CMA proceedings and award null, and the award was quashed.
Labour law – limitation of actions – Rule 10(2) Labour Institutions (Mediation and Arbitration) Rules GN. No.64/2007 – 60‑day time limit for filing disputes. Civil procedure – parties bound by their pleadings – evidence inconsistent with pleadings to be ignored. Limitation – pre‑court negotiations/communications do not suspend statutory limitation periods. Jurisdiction – time‑barred dispute renders CMA proceedings a nullity. Procedural impropriety – award ordering payment unsupported by pleadings/evidence.
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27 June 2023 |
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Applicant’s termination for lacking a teaching certificate, compelled by a binding education circular, rendered the employment agreement unlawful; revision dismissed.
Labour law – termination for lack of required professional qualification – compliance with government directive/Education Circular No.7 of 1998. Contract law – illegality of agreement – application of Contract Act (Cap.345) sections on mistake/illegality and consequences for relief. Administrative compliance – binding nature of education inspector’s directive on schools. Remedies – effect of illegality on entitlement to compensation or recovery.
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23 June 2023 |
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The applicant's review to reopen a prior revision over alleged unsworn testimony was dismissed for lack of an apparent error.
Labour law – Review under Rule 27 – scope limited to apparent errors on face of record; unsworn testimony and retrospective application of Court of Appeal precedent; remedies for absent witnesses; limits on reopening final judgments.
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23 June 2023 |
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A defective verification clause in the supporting affidavit renders a revision application incompetent and liable to be struck out.
Labour law – civil procedure – competence of revision application – affidavit verification clause – defective verification renders supporting affidavit and application incompetent and liable to be struck out; Preliminary objections – timing – late raising of verification defect does not prevent court consideration; Distinction between striking out incompetent applications and dismissal for want of prosecution; Applicant may refile subject to limitation.
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23 June 2023 |
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Applicant on a fixed-term contract unlawfully terminated; employer failed to produce written particulars and owes 11 months' salary.
Labour law – classification of employment – fixed-term (specified period) versus specific-task contracts; burden of proof where no written particulars produced (s.15 ELRA). Unlawful early termination of fixed-term contract – remedy of compensation for unexpired term. Evidence – employer's duty to produce written contract; consequences of failure.
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22 June 2023 |
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A time‑barred breach of contract/unfair termination complaint must be dismissed, not struck out; parties bear own costs.
Labour law — breach of contract/unfair termination — Rule 10(1) G.N. No.64/2007 — time‑barred complaints — Limitation Act ss.3(1) & 46 — remedy is dismissal, not striking out.
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22 June 2023 |
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20 June 2023 |
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Application to extend Labour Court decree dismissed as time-barred; prior dismissal rendered court functus officio.
Labour Court Rules — Rule 45(1) — extension of decree must be filed within 60 days from the decision of the Court that passed the decree; definition of "Court" as Labour Court; final dismissal vs interlocutory order — effect on right to reapply; time-bar and functus officio; limitations and inapplicability of suspension where applicants were not parties to pending appeals.
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19 June 2023 |
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Filing both Parts A and B of CMA Form I does not oust CMA jurisdiction over breach-of-contract/unfair-termination claims.
Labour law – jurisdiction – CMA Form I – propriety of filling both Part A and Part B – breach of contract versus unfair termination; Employment law – fixed‑term contracts – unfair termination claims available despite contract duration; Civil procedure – jurisdiction can be raised at any time.
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16 June 2023 |
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Failure to append the arbitrator’s signature to one witness’s testimony warranted limited nullification and remittal for rehearing.
Labour law – unfair termination – review of CMA award for procedural irregularities. Civil procedure – procedural formalities at CMA – administering oath and appending arbitrator’s signature after witness testimony. Practice direction on signatures – non-retrospective application to decisions made before guidance. Remedy – limited nullification of unsigned testimony and remittal for rehearing rather than whole-award setting aside.
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16 June 2023 |
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Extension refused where illness, bereavement and alleged illegality were unproven and delay was unaccounted for.
Civil procedure – Extension of time – Rule 56(1) Labour Court Rules – Good cause required; applicant must account for entire delay and show diligence. Evidence – Alleged illness and bereavement must be proved by document where relied upon to excuse delay. Review procedure – Illegality as ground for extension must be glaring on the face of the record. Professional responsibility – Party’s failure to follow up with counsel may constitute negligence, not sufficient cause for delay.
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16 June 2023 |
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Termination for absenteeism was substantively fair but procedurally unfair; applicant awarded six months' salary compensation.
Employment law – absenteeism – absence without permission for more than five working days constitutes misconduct under GN No. 42/2007. Natural justice – right to be heard – disciplinary summons must specify consequences of non-appearance; ex parte hearings without such notice breach the right to be heard. Burden of proof – employer must prove substantively fair reason and procedure for termination (ELRA). Remedies – substantively fair but procedurally unfair dismissals attract compensatory award (lesser penalty); no severance for misconduct. Contract interpretation – ambiguous terms construed contra proferentem.
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16 June 2023 |
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Delay of 539 days without adequate reasons justified refusal of condonation for late referral of unfair termination to CMA.
Labour law – time limits for unfair termination referrals – Rule 10(1) G.N. No. 64/2007 (30-day rule). Procedural law – condonation – Rule 11(3) and Rule 31 G.N. No. 64/2007; requirement to show degree and reasons for lateness and account for each day. Administrative practice – seeking remedies at other government institutions does not excuse failure to timely refer unfair termination disputes to CMA. Exercise of discretion – refusal to grant condonation where applicant fails to demonstrate good cause justified.
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16 June 2023 |
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Court granted extension to refile revision after technical striking out, finding seven-day delay excusable and applicant diligent.
Labour procedure – extension of time to re-file revision after striking out; technical delay vs. negligence; Lyamuya factors (account for delay, diligence, non-inordinate delay); mandatory CMA Form No.10 and competency of revision application.
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15 June 2023 |
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Failure to show good cause; layperson status and employer promises do not justify condonation for delayed labour claims.
Labour law – condonation/extension of time – applicant must show good cause and account for each day of delay under G.N. No.64/2007 (Rules 10,11(3),31). Procedural law – ignorance of law or layperson status is not a sufficient ground for condonation. Evidence – promises by employer to pay outstanding salary do not justify delay in pursuing an unfair termination claim. CMA procedure – respondent's absence does not automatically entitle applicant to condonation.
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15 June 2023 |
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Court lacks jurisdiction to lift corporate veil or order committal where company is under liquidation; liquidator is proper party.
Labour law/execution of CMA awards; lifting corporate veil; company winding up; liquidator as custodian and proper party; jurisdiction of court; Companies Act ss.299, 301(1)(a), 301(3).
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15 June 2023 |
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Extension of time granted because Registrar’s nullification of union election raised apparent jurisdictional illegality under s53 ELRA.
Labour law – Extension of time – Whether apparent illegality constitutes sufficient cause to extend time – Illegality apparent on face of record. Employment and Labour Relations Act s.53(1)(a) – Setting aside decisions or elections of registered organisations – Jurisdictional divide between Registrar and Labour Court. Administrative law – Judicial review of Registrar’s regulatory action over trade unions.
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15 June 2023 |
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Whether employer validly terminated a renewed fixed-term contract for scheme/salary changes and complied with termination procedures.
Employment law – fixed-term contract – automatic renewal – sanctity of contract – termination for change of scheme of service/salary structure – clause permitting termination – statutory notice requirements (s.41 ELRA) – circulars versus contractual terms – revision of CMA award.
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15 June 2023 |
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Extension application struck out as incompetent due to contradictions between notice, affidavit and attached CMA decision.
Labour procedure — competency of application; Rule 24 Labour Court Rules — requirement that affidavit and exhibits correspond with notice of application; defective/unsupported applications — strike out; extension of time — procedural compliance essential.
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15 June 2023 |
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Preliminary objection improperly combined distinct statutory provisions and CMA prematurely treated an unfair labour practice claim as unfair termination.
Labour law — preliminary objection — pure point of law — Mukisa principle; distinction between s.35 ELRA (employees <6 months) and GN No.42 r.10(1) (probationary procedures); preliminary determination vs merits — unfair labour practice v. unfair termination; remittal for fresh hearing before different arbitrator.
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13 June 2023 |
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Applicant failed to show good cause and proper evidence for extension of time; application dismissed.
Extension of time; requirement to show good cause and account for each day; technical delay may constitute good cause but not automatically; negligence/indecision defeats extension; affidavit evidence must not be hearsay (identify and evidence third‑party instructions); weekends/public holidays not automatically excuse delay where filing avenues exist.
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13 June 2023 |
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Applicant suspended for alleged misconduct; employer required to pay full remuneration during suspension and CMA award was set aside.
Employment law – suspension pending investigation – Rule 27(1), GN. No. 42 of 2007 – suspension permissible but requires full remuneration during suspension. Labour procedure – review of CMA award – failure to grant reliefs for unlawful withholding of pay. Jurisdiction/competence – premature filing considered in context of ongoing suspension and employer’s conduct.
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13 June 2023 |
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Court granted 14‑day extension to file appeal where delay resulted from court’s certificate of delay error.
Labour law – extension of time to file notice of appeal; Certificate of Delay – error by Deputy Registrar; withdrawal of appeal – implicit permission to refile; discretion – prejudice and diligence; authorities: Michael Lessani Kweka; Shanti v Hindocha; Mobrama Gold Corporation.
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13 June 2023 |
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Court quashed CMA award, finding termination was by mutual agreement and arbitrator misdirected himself by treating it as retrenchment.
Labour law – mode of termination: distinction between retrenchment (operational requirements) and termination by mutual agreement; evidentiary weight of minutes, written termination agreements and payment receipts; validity of consent (duress/inducement); procedural requirements for representative suits before CMA.
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12 June 2023 |
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High Court lacks jurisdiction to revise interlocutory CMA rulings that do not finally determine parties' rights.
Labour law – revision jurisdiction – High Court cannot revise interlocutory CMA rulings that do not finally determine parties' rights (Rule 50, G.N. No. 106/2007). Civil procedure – interlocutory orders – meaning of "finally determine" and prohibition on revision. Arbitration/procedure – service, extension of time and setting aside ex‑parte awards are matters to be resolved at the CMA when proceedings remain pending.
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8 June 2023 |
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Failure to file the mandatory GN. No.47/2017 notice renders a labour revision application incompetent and subject to striking out.
Labour law – Revision of CMA award – Requirement to file Notice of Intention to seek revision (Reg. 34(1), GN. No.47/2017) – mandatory; failure renders application incompetent. Civil procedure – competence of application – effect of non-compliance with prescribed form in Third Schedule. Procedure – Notice of Representation – must be signed by the party, not the advocate (Rule 43 LCR); incompetent notice to be struck out. Electronic filing and limitation – raised but not finally determined due to application’s incompetence.
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8 June 2023 |
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High Court cannot revise Deputy Registrar execution orders; such decisions are challenged by review and omnibus revisions are incompetent.
Labour procedure – execution of awards – jurisdiction to revise Deputy Registrar’s execution orders – statutory amendment recognizing Deputy Registrar as part of High Court – revision vs review; Civil procedure – omnibus applications – incompetence of attempting to challenge multiple distinct decisions in one application; Remedies – proper challenge to Deputy Registrar’s decision is by review, not court revision.
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8 June 2023 |
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Termination was substantively justified by absenteeism but procedurally unfair; compensation reduced from five to three months' salary.
Labour law — unfair termination; substantive vs procedural fairness; absenteeism as valid reason for dismissal where unexplained absence exceeds five days; right to fair hearing and disciplinary proceedings under Sections 41–43 ELRA; assessment and reduction of compensation for procedural unfairness; evidential weight of medical certificates and employer investigations.
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8 June 2023 |
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Failure to file mandatory CMA F.10 notice under Regulation 34(1) renders a revision application incompetent.
Labour law – Revision of CMA award – Mandatory requirement to file Notice of Intention to seek revision (CMA Form F.10) under Regulation 34(1), G.N. No. 47 of 2017 – Non-compliance renders application incompetent. Procedure – Preliminary objections – effect of conceding a decisive preliminary point – striking out for incompetence. Civil procedure – overriding objective cannot cure non-compliance with mandatory statutory procedure.
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7 June 2023 |
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Termination for refusing Saturday work for religious reasons was substantively unfair; compensation reduced to twelve months.
Labour law – unfair termination – religious observance (Seventh‑day worship) – discrimination by work‑day policy; substantive vs procedural fairness; unlawful order and insubordination; compensation discretion (reduction to 12 months).
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7 June 2023 |
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Court allowed withdrawal with leave to re-file application seeking corporate veil lifting and arrest of director, granting 14 days to re-file.
Labour execution and enforcement; application to lift corporate veil; application for arrest/detention of company director; withdrawal with leave to re-file under Rules 34 and 55(1) & (2) of the Labour Court Rules, 2007; difficulties enforcing against a defunct company and an absent respondent abroad.
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6 June 2023 |
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Employer failed to prove fair reason or follow fair procedure; CMA award quashed and limited contract remedies granted.
Labour law — unfair termination — employer's onus to prove fair reason (s.39 ELRA) — requirement to investigate and notify specific charges (Rule 13 G.N. No. 42 of 2007) — procedural fairness — remedies for unfair dismissal (remaining contract period, severance, certificate of service).
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6 June 2023 |
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Court granted extension to re-file a revision after prompt re-initiation following withdrawal for human error.
Labour procedure – extension of time to file revision – discretionary relief; factors: length of delay, reasons, prejudice. Withdrawal of earlier application – technical/human error may constitute sufficient cause if applicant acts promptly. Leave to re-file – not automatic but court may grant; court must be properly moved and record controls. Right to be heard and substantive justice weigh in favour of allowing reasonable extensions.
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2 June 2023 |
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An unfair-termination complaint filed before the employer's final decision is premature; applicants must prove termination.
Labour law – unfair termination – time limit for referral to CMA under Rule 10(1) – referral premature absent employer's final decision; Burden of proof – section 60(2)(a) Labour Institutions Act and section 110 Evidence Act – claimant must prove termination; Admissibility/weight of evidence – unsupported assertions (e.g., guard's statement) insufficient.
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2 June 2023 |
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A review of a court judgment must be brought by notice and memorandum under Rule 27, not by chamber summons under Rule 26.
Labour Procedure – Review of Court judgments – Distinction between Rule 26 (review of decisions of persons/bodies) and Rule 27 (review of Court judgments) – Proper procedure is Notice of Review and Memorandum of Review under Rule 27; chamber summons with affidavit under Rule 26 is incompetent.
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2 June 2023 |
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A review of a High Court/Deputy Registrar decision must follow Rule 27 notice/memorandum procedure; failure is fatal.
Labour procedure — Review of decisions — Rule 26 (review of administrative bodies) vs Rule 27 (review of Court judgments) — Deputy Registrar part of High Court — improper use of chamber summons for reviewing Court decision; professional conduct — holding brief and client instructions.
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2 June 2023 |
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Revision against a Deputy Registrar’s execution decision struck out for want of jurisdiction (application incompetent).
Labour law — jurisdiction — revision of Deputy Registrar’s execution decision — interpretation of s.94(1) ELRA, s.50(2) LIA (amendment) and Rules 24, 28(1)(d), 55 Labour Court Rules — competency — striking out.
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1 June 2023 |
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Applicants failed to account for 1,170 days' delay and did not show sufficient cause; extension refused.
Labour law – extension of time – sufficient cause required – duty of litigant to follow up with advocate; delay of 1,170 days must be accounted for; alleged illegality must be specifically pleaded and proved.
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1 June 2023 |
| May 2023 |
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Fixed-term contract expired on its agreed date; notice of non-renewal negated any reasonable expectation of renewal and CMA award upheld.
Employment law – Fixed-term contracts – automatic termination on expiry – G.N. No. 42 of 2007 rule 4(2)–(3); notice of non-renewal and renewal by default. Labour dispute review – CMA award – scope for revision where contract expiry and non-renewal established. Contract law – parties bound by terms of signed employment contract; prior renewals do not create renewal right when non-renewal notice given.
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31 May 2023 |
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A mediator lacks jurisdiction to determine condonation; such applications must be decided by an arbitrator.
Labour law – Mediation v. arbitration – Mediator’s powers limited to facilitation and recommendations; applications for condonation/extension of time are adjudicatory and must be determined by an arbitrator or court (ELRA s.86; GN No.67/2007); mediator’s ruling on condonation without jurisdiction renders CMA proceedings a nullity; Court of Appeal authority applied.
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31 May 2023 |