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The application is incompetent for lack of mandatory Notice of Representation as required by Rule 43(1) of Labour Court Rules, GN. No. 106 of 2007.
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All preliminary objections failed as they either required evidence, were factually incorrect, or did not prejudice respondents; application to proceed on merit.
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The Labour Division struck out the respondent’s notice of representation as improperly filed because it was signed by the representative himself without authorization.
All preliminary objections lacked merit: the first required evidence and was not a pure point of law; the second was remedied by expunging the offending paragraph; the third did not render the application incompetent as notice of representation was properly filed; the fourth was dismissed as the affidavit was sworn before a qualified Notary Public and Commissioner for Oaths.
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The High Court’s Labour Court Division struck out FINCA Microfinance Bank’s revision application after upholding objections that the supporting affidavit was defective.
The application was struck out for being incompetent due to failure to comply with mandatory procedural requirements under the Labour Court Rules, specifically lack of notice of representation, lack of index of pagination, and for being omnibus by combining two distinct prayers. Constitutional provisions do not override these procedural requirements in this context.
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The High Court struck out a labour revision application after upholding a preliminary objection that the notice of representation was defective and made the filing incompetent.
The High Court struck out a labour revision application for failure to file a notice of representation. It held that the omission made the application incompetent.
The applicant demonstrated sufficient cause for delay due to technical issues with electronic filing and raised arguable illegality in the CMA award; the absence of a properly filed notice of representation did not prejudice the respondent and was accidental, thus the application for extension of time is granted.
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The High Court overruled preliminary objections in a labour application, allowing the matter to proceed despite a missing formal notice of representation.
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