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Citation
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Judgment date
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| February 2025 |
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Dismissal for poor performance was substantively and procedurally unfair; remedy awarded as twelve months’ salary compensation.
Labour law – unfair dismissal – poor performance – substantive fairness requires proof that employee caused unsatisfactory results and extent of contribution. Labour law – procedural fairness – mandatory investigation and adequate opportunity/support (PIP) required under GN. 42 of 2007. Remedies – section 40 ELA: reinstatement, re-engagement or minimum twelve months’ compensation.
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13 February 2025 |
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Termination for poor performance was unfair where employer failed to investigate causes or provide meaningful assistance.
Employment law – unfair termination for poor performance – necessity of investigation into causes – requirement to afford meaningful assistance and fair procedure before dismissal – Rule 17 and 18 GN.42/2007; Sections 37, 39 and 40 ELA.
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13 February 2025 |
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7 February 2025 |
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Extension of time granted where delay was technical and applicant acted diligently; alleged illegality not apparent on record.
Labour law — Extension of time to appeal — Condonation principles — Illegality must be apparent on face of record to ground extension — Technical delay/active prosecution in court can amount to sufficient cause — Lyamuya factors for condonation applied.
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7 February 2025 |
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Arbitrator erred issuing ex-parte award despite applicant's justifiable absence; award set aside and rehearing ordered before a different arbitrator.
Labour — Ex-parte awards — closure of a party's case — notice of absence by letter and Court of Appeal summons may constitute sufficient cause to avoid ex-parte proceedings. Evidence — affidavits and counter-affidavits are substitutes for oral evidence; arbitrator must base decisions only on evidence before the tribunal. Procedure — statutory/rule powers to proceed ex-parte are not absolute; discretion must account for justifiable absence and fairness. Impartiality — procedural irregularities and use of materials not in evidence warrant setting aside award and rehearing before a different arbitrator.
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7 February 2025 |
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Ex-parte award set aside where non-appearance was justified and arbitrator relied on non-adduced evidence.
Labour law – ex-parte proceedings – application to set aside ex-parte award – justification for non-appearance (Court of Appeal summons, letter, WhatsApp) – evidence limited to affidavit and counter-affidavit – impropriety of relying on non-adduced proceedings – duty to balance speed and justice – rehearing before different arbitrator.
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7 February 2025 |
| December 2024 |
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Whether dismissal claims filed after the 60‑day statutory limit are time‑barred and whether a probationer is entitled to full dismissal compensation.
Labour law – limitation of claims under GN No. 64/2007 r.10(2) – time-bar for wage and termination claims; Probationary employment – entitlement to unfair dismissal compensation – distinction between unfair dismissal and unfair labour practice; Remedy – limited award of terminal wages where substantive claims are time-barred or probationary.
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24 December 2024 |
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Termination for prolonged unauthorized remote work and absenteeism upheld; CMA reinstatement order quashed.
Employment law – unfair termination – unauthorized prolonged remote work, absenteeism and insubordination – Remote Ways of Working Policy (20-working-day limit) and GN No. 42/2007. Procedural fairness – show-cause notice, virtual disciplinary hearing, right to call witnesses and appeal. Remedies – reinstatement and backpay quashed where termination found substantively and procedurally fair.
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19 December 2024 |
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Union’s claim for unpaid dues dismissed after unlawful recruitment, fraudulent/invalid consent forms, and failure to follow statutory procedures.
Labour law; organisational rights – statutory procedure (TUF.14) for access to workplace; deduction and remittance of union dues (TUF.15) – validity of employee consent; authorised union representatives; effect of revocation and cessation of employment on employers’ liability; requirement to prove claims on balance of probabilities.
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13 December 2024 |
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Court granted 21-day extension to file review, finding 18-day delay excused given circumstances and no prejudice.
Extension of time — Rule 27(1) GN. No. 106 of 2007 — good cause factors: reasons for delay, length, diligence, prejudice — struck-out review — coordinating multiple applicants — illegality as ground for extension.
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13 December 2024 |
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CMA award nullified because tribunal improperly re-opened a time-barred dispute and proceeded while a related appeal was pending.
Labour law – jurisdiction – functus officio/res judicata – re-opening a time-barred dispute by condonation. Civil procedure – parallel proceedings – lower tribunal proceeding while related appeal pending in higher court. Remedies – nullification of award for procedural irregularity; costs: none ordered.
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13 December 2024 |
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Applicant failed to show sufficient cause for delay; revision, not fresh condonation, was the proper remedy.
Labour law – condonation for late filing of disputes – applicant must account for each day of delay and show sufficient cause; Procedural remedy – where an award omits a claim, aggrieved party should seek revision in the High Court rather than a fresh condonation at the CMA; No 'technical delay' established by prior proceedings before CMA or labour commissioner; Importance of consistent pleadings and adequate reasons for delay.
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13 December 2024 |
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A CMA settlement is a decree; execution and compensation require proper proceedings and employer refusal to reinstate.
Labour law – CMA settlement (CMA F6) enforceable as decree under s.87(4); Execution – executing officer’s exclusive jurisdiction to compute and enforce awards; Procedure – administrative letter is not a proper application under Rule 29 GN. No. 67/2007; Mediator/arbitrator functus officio after settlement; s.40(3) compensation applies only where employer refuses reinstatement.
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12 December 2024 |
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Mediator lacked jurisdiction to grant condonation; CMA ruling quashed and matter remitted to an arbitrator.
Labour law – Mediator jurisdiction – Whether a mediator at the CMA can determine condonation applications – Limitation of mediator’s powers under s.86(3)-(4) ELRA and GN. No. 67/2007; Civil procedure – review/remedy – nullification of proceedings and quashing of decisions made without jurisdiction; Arbitration – remittal to arbitrator to determine condonation.
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12 December 2024 |
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Improper admission of exhibits without allowing objections violated fair hearing, nullifying the arbitration award and ordering retrial.
Evidence – admissibility of exhibits – documents must be tendered and admitted; Arbitration – procedural fairness and right to be heard; Section 88(4) and GN. No. 67/2007 – discretion to conduct arbitration subject to fairness; Improper admission of exhibits vitiates proceedings – nullity and trial de novo.
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12 December 2024 |
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Oral evidence and cross-examination admissions can prove wrongful termination of a fixed-term contract; arbitrator must assess all evidence.
Labour law — wrongful termination of fixed-term contract; proof of termination by oral evidence; assessment of evidence in chief and cross-examination; requirement to follow termination procedures; remedy — payment for remaining contract and notice in lieu.
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12 December 2024 |
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Extension granted to seek review where garnishee absolute raised functus officio and illegality despite delay.
Civil procedure – extension of time – review – illegality and jurisdictional defect as sufficient cause. Execution law – garnishee proceedings – effect of garnishee order absolute and functus officio. Labour execution – dismissal for want of prosecution – proper remedy and reviewability.
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11 December 2024 |
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Successor arbitrator who reopened and redecided a finally determined limitation issue without hearing parties rendered proceedings a nullity.
Labour law — procedural fairness; right to be heard — successor arbitrator restarting proceedings suo motu — functus officio — jurisdiction to re‑determine limitation issues — nullity of proceedings — remit for rehearing.
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11 December 2024 |
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A condonation filed under the wrong (post‑enactment) labour law rendered CMA proceedings a nullity.
Labour law – transitional and savings provisions – Third Schedule para.9 and s.103 E.L.R. Act (Cap.366 R.E.2019) – disputes arising before commencement must be dealt with under repealed law; Condonation – competence and proper forum – filing under post‑commencement law where dispute pre‑dates it renders proceedings nullity; Representation – capacity of administrators to institute labour disputes (left undecided).
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11 December 2024 |
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Application for extension of time dismissed for failure to account for delay and absence of evidence of alleged document withholding.
Civil procedure – Extension of time – requirement to show good cause, account for each day of delay, and demonstrate diligence rather than negligence. Evidence – affidavits and counter-affidavits constitute the evidence; submissions not supported by affidavit are disregarded. Hearsay – absence of affidavits from third parties renders allegations of document withholding unsubstantiated. Illegality – must be apparent on the face of the record to ground extension of time; not established where factual showing is required. Representation – being laypersons or relying on a legal representative does not excuse failure to file within statutory time.
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10 December 2024 |
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Completion of CMA F1 Part B when Part A indicates a non‑termination dispute renders the referral defective and CMA award a nullity.
Labour law — Procedural requirements — CMA Form No.1 (CMA F1) — Part B reserved for termination disputes only — Defective pleading (improperly completed CMA F1) renders CMA proceedings incompetent and a nullity — Award quashed — Right to refile subject to time limits.
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3 December 2024 |
| November 2024 |
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The applicant failed to prove substantive and procedural fairness of termination; CMA award of 12 months’ salary upheld.
Labour law – unfair termination – poor performance – employer’s evidentiary burden to prove standards, scores and PIP targets – requirement that performance standards be known, reasonable and consistently applied – duty to investigate causes of poor performance – procedural fairness under GN. No. 42 of 2007 – adverse inference for failure to call key witness – compensation (12 months) where dismissal is substantively and procedurally unfair.
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28 November 2024 |
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Corporate veil lifted where director concealed company assets; director held personally liable and ordered to show cause for civil detention.
Corporate law; lifting the corporate veil in execution; concealment of company assets; director's personal liability for unsatisfied decree; evidence required in execution proceedings.
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26 November 2024 |
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Mediator exceeded jurisdiction by deciding a time‑bar preliminary objection; ruling quashed and matter remitted to CMA arbitrator.
Labour law — Mediation v arbitration — Limits of mediator's powers under ELRA and GN No.67/2007; mediator may not decide preliminary objections or dismiss complaints except in narrow statutory exceptions; procedural remedy — nullification and remit to CMA for arbitrator determination.
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26 November 2024 |
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Employer failed to prove theft and did not follow fair procedure; CMA award upheld, revision dismissed.
Employment law – unfair termination – burden on employer to prove misconduct under s.39 – police investigation/blanket report insufficient – conflicting weighbridge readings unreconciled – procedural fairness breached by failure to serve investigation report – CCTV/attendance not determinative of quantity dispute.
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25 November 2024 |
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Speculative fears of delay do not justify recusal; disqualification requires plausible, material grounds.
Judicial recusal – Rule 9 GN. No.1001/2020 – Disqualification requires plausible objective grounds (bias, interest, prior involvement, close relationship) – Mere apprehension, delay or speculative fears insufficient – Forum shopping and flimsy requests discouraged.
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25 November 2024 |
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Court lifted the corporate veil to make directors personally liable where company assets were alleged concealed, permitting attachment or civil arrest.
Labour enforcement – Execution of CMA award – Lifting corporate veil – Directors’ personal liability where company assets are concealed – Proof of fraud not exclusive ground – Civil imprisonment to enforce satisfaction of award.
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22 November 2024 |
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Employer’s revision succeeds: employee’s admitted conflict of interest and misconduct justified fair termination; CMA Award quashed.
Labour law – unfair termination – validity of reason and fair procedure; Company Code of Conduct – conflict of interest and employee conduct; Evaluation of evidence – weight of admissions and documents; Duty to investigate and call material witnesses – impact where employee admits misconduct; Revision of CMA Award for erroneous factual and legal findings.
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22 November 2024 |
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Applicant's review of execution order dismissed: Deputy Registrar correctly executed decree; clerical omission was immaterial.
Labour law – execution of decree – recalculation of golden handshake under Collective Bargaining Agreement – decree drafting and clerical omission – review for error apparent on the face of the record – court’s power to execute and interpret decree – use of court record to determine last salary.
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21 November 2024 |
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Improperly admitted exhibits violated the right to be heard and nullified the CMA award; retrial ordered before a different arbitrator.
Labour law – Evidence and procedure – Improper admission of exhibits without prayer to tender or opportunity to object; violation of right to be heard and natural justice; section 88(4) cannot cure unfair procedural irregularities; nullification of CMA proceedings and order for retrial.
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20 November 2024 |
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High Court quashed CMA award for non‑compliance with remittal order and failure to mediate all pleaded disputes.
Labour law – compliance with remittal order – hearing on merits before a different arbitrator – necessity to adduce fresh evidence; Labour law – mandatory mediation under section 86 ELRA – failure to mediate pleaded disputes vitiates arbitration; Civil procedure – parties cannot bypass superior court directions by agreement; Pleadings – claims must be specifically pleaded, not implied; Overriding-objective principle does not excuse mandatory procedural non-compliance.
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18 November 2024 |
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Territorial jurisdiction of the CMA depends on where the cause of action arose — the employee’s workplace.
Labour law – Territorial jurisdiction of CMA – Place where dispute arose – Cause of action arises at employee’s workplace – Rule 22(1) GN. No. 64/2007 – Proceedings and award quashed where forum lacks jurisdiction.
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15 November 2024 |
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Employer's failure to produce written contract shifts burden; employee found on unspecified contract and entitled to unfair-termination remedies.
Employment law – contract type – unspecified period contract found despite absence of written contract; burden shifts to employer where written particulars not produced (s.15(6) Employment and Labour Relations Act). Unfair termination – substantive and procedural fairness – employer failed to prove misconduct or disciplinary process. Remedies – compensation for unfair termination (s.40(1)(c)) and entitlement to notice, leave, days worked and certificate of service (s.44).
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15 November 2024 |
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Court granted extension to file revision, finding the delay technical, applicant diligent and s.21(2) applicable.
Civil procedure – extension of time – Lyamuya criteria (account for delay; inordinate delay; diligence; point of law) Limitation law – s.21(2) Law of Limitations Act – exclusion for time spent prosecuting another proceeding prosecuted in good faith and in a court unable to entertain it Technical delay vs. actual delay – Fortunatus Masha principle Ex parte determination where respondent fails to comply with court-ordered submissions
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15 November 2024 |
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Labour Court lacks statutory jurisdiction to exempt a party from paying TIArbs arbitrator’s fees; application dismissed.
Arbitration — Arbitrators' fees — Whether Labour Court can exempt a party from payment of TIArbs arbitrator's fees — No jurisdiction. Arbitration Act (No.2 of 2020) — s.30: court may adjust fees only where reasonability is challenged; s.66: does not displace arbitrator's right to payment. Employment and Labour Relations Act — s.93(2)(b): High Court references read as Labour Court. Jurisdiction — creature of statute; court cannot assume powers not conferred. Civil procedure — distinction between dismissal for want of jurisdiction and striking out for incompetence.
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15 November 2024 |
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Mediator lacked jurisdiction to determine condonation; CMA proceedings nullified and matter remitted to an arbitrator.
Labour law – Mediator’s jurisdiction – Section 86 Employment and Labour Relations Act and GN. No. 67/2007 – Mediator limited to facilitation and settlement; cannot determine condonation – Jurisdictional excess nullifies CMA proceedings and requires referral to arbitrator.
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12 November 2024 |
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CMA award quashed: lack of territorial jurisdiction and defective admission/endorsement of exhibits rendered proceedings null.
Labour law — territorial jurisdiction of CMA — disputes must be filed where they arose or transferred by leave; improper admission/identification/endorsement of exhibits — fatal irregularity vitiating proceedings; limits of court powers under section 94(1)(c) Cap. 366 R.E. 2019 — court cannot nullify employer disciplinary hearings; Rule 8(1) GN No.64/2007 on locality of filing.
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12 November 2024 |
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11 November 2024 |
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Whether a consultancy agreement created an employment relationship and gave the CMA jurisdiction to decide unfair termination.
Labour law – Consultancy (contract for service) v employment (contract of service) – Jurisdiction of CMA – Presumption under s.61 Labour Institutions Act – Sanctity of contract – Conversion by conduct.
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6 November 2024 |
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Improper marking of exhibits undermined fairness; CMA proceedings quashed and retrial ordered before a different arbitrator.
Labour law – admissibility of exhibits – requirement that exhibits be expressly admitted and clearly marked. Evidence – procedure – omission to record admission of exhibits renders exhibits improperly admitted and unusable. Arbitration/CMA proceedings – minimal formalities under section 88(4)(a) and (b) do not excuse fundamental procedural defects affecting fairness. Remedies – procedural irregularity going to root of hearing justifies nullification of proceedings, quashing of award and trial de novo.
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4 November 2024 |
| October 2024 |
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The applicant failed to show good cause for delay; condonation and the revision application were dismissed.
Labour law – condonation of delay – requirement to show good cause and account for each day; evidential sufficiency of leave and medical documents; inadmissibility of hearsay where supporting witnesses do not swear affidavits; Rule 13(1) inapplicable at condonation stage; abscondment to be determined in the substantive dispute.
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31 October 2024 |
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Applicant failed to prove good cause and account for each day of delay; condonation and revision dismissed.
Labour law – condonation/extension of time – requirement to show good cause and account for each day of delay; evidentiary sufficiency of affidavits and annexures; inadmissibility of hearsay where third parties' affidavits absent; Rule 13(1) GN.42/2007 not applicable at condonation stage; unchallenged counter-affidavit consequences.
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31 October 2024 |
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CMA lacked jurisdiction to hear condonation after court held the breach-of-contract referral time-barred.
Limitation and jurisdiction – issue of time-bar goes to jurisdiction; proceedings instituted out of time must be dismissed under the Law of Limitation Act. Condonation – CMA cannot entertain condonation to revive a matter already held by a court to be time-barred. Abuse of process – refiling condonation at a different CMA registry after a court ruling is an abuse of court process. Precedent – reliance on Court of Appeal authorities affirming finality of dismissal on limitation.
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31 October 2024 |
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High Court cannot extend time to file an appeal to the Court of Appeal; it may only extend time to file a notice.
Jurisdiction — High Court’s limited power to extend time to file a notice of appeal; exclusive Court of Appeal jurisdiction to extend time to file appeals; procedural competence — wrong invocation of Labour Court Rules; competence of application — requirement to seek extension to file notice in High Court before seeking extension to appeal.
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31 October 2024 |
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Improperly admitted exhibits vitiated CMA proceedings; award quashed and matter remitted for retrial.
Evidence — Admissibility of documents — Witness must pray to tender documentary exhibits and adversary must be given chance to object; documents not admitted cannot form basis of decision. Procedural fairness — Failure to properly admit exhibits vitiates proceedings and causes nullity. Labour law — Where tribunal bases decision on inadmissible evidence, award must be quashed and matter remitted for trial de novo before a different arbitrator.
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31 October 2024 |
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31 October 2024 |
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The applicant’s late referral (beyond 30 days) rendered the CMA proceedings void and the arbitral award incapable of standing.
Labour law – Time limits for referral of unfair termination disputes – Rule 10(1) Labour Institutions (Mediation and Arbitration) Rules – failure to file within 30 days renders CMA without jurisdiction; proceedings nullity. Civil procedure – Jurisdiction – jurisdictional defects render proceedings and awards void. Employment disputes – condonation – absence of condonation application fatal to jurisdiction.
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29 October 2024 |
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A later review of a decision already finally determined is barred by res judicata and functus officio; application dismissed.
Labour Court Rules — Rule 27 — notice of review within 15 days; res judicata and functus officio — finality of litigation; abuse of court process; distinction between CMA F10 and Labour Court notice requirements.
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28 October 2024 |
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Where a High Court remits a condonation application to an Arbitrator, a CMA Mediator’s contrary grant of condonation is nullified.
Judicial review – Compliance with court orders – Remittal to CMA – Jurisdiction of Mediator to hear condonation – Invalidity of proceedings conducted in defiance of High Court order; Duty of advocates as officers of the court.
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25 October 2024 |
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A CMA F1 defect (one complainant not signing/no mandate) invalidates arbitration proceedings and the award.
Labour procedure — Referral form (CMA F1) — signature/mandate requirement under Rule 5(1)-(3), GN No. 64/2007 — defective pleading renders CMA proceedings and award a nullity.
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25 October 2024 |