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The Deputy Registrar executed the decree as ordered by the Court, using the correct last salary figure and applying the computation as per the judgment; there was no error apparent on the face of the record, and the omission of the words 'as per the agreement' was a harmless slip that did not cause injustice.
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The High Court Labour Division dismissed a claim for voluntary retirement benefits, holding the claimant had not completed ten unbroken years under an unspecified-period contract.
The court struck out a labour complaint as incompetent because it lacked legal issues, was signed by the wrong person, and the Attorney General was not served.
Complainant's evidence established breach and discrimination occurred in May 2021, but pleadings alleged breach on 21st February 2022. As parties are bound by their pleadings, evidence outside the pleaded timeframe cannot be relied upon. Complainant failed to prove breach or discrimination occurred on the date alleged in pleadings; complaint dismissed for want of merit.
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The High Court dismissed CHODAWU’s labour revision application, holding that no sufficient evidence showed breach of the settlement warranting a specific execution order.
The court has jurisdiction to determine the issues raised and grant reliefs claimed, as the dispute filed at CMA for mediation is the same as that filed before the court, and mediation requirements were complied with.
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Section 32A of the Public Service Act does not apply retrospectively; thus, the CMA had jurisdiction. However, the arbitrator erred by not properly framing the core issue of which policy document should govern the respondents' retirement benefits, necessitating a fresh arbitration.
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The applicant is bound by the mutual agreement reached between the respondent and CHODAWU, which deleted the gratuity entitlement from 1st July 2014. There was no evidence of fraud or lack of representation. The agreement is binding and the claim for gratuity is not meritorious.
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The High Court Labour Division held that NBC wrongfully retired Christina Bosco Mrema on medical grounds and ordered payment of retirement, disability, and earnings compensation.
The High Court partly allowed a revision application, finding the termination fair in reason but procedurally unfair for lack of a required medical report.
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