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The High Court dismissed a labour revision and condonation application, holding that the applicant failed to account for 39 days of delay and did not show apparent illegality.
The Court of Appeal dismissed an employee’s appeal in a labour dispute, holding that his resignation was central to the case and that the High Court correctly applied Rule 6.
The Applicant filed the dispute at the CMA out of time without seeking extension, as evidenced by his own pleadings and the statutory 60-day limitation period. The Arbitrator was correct to dismiss the claims as time-barred.
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The High Court held the respondent resigned in April 2018 and that the labour dispute was filed out of time, so the CMA award was quashed for want of jurisdiction.
The High Court quashed a CMA award after finding no constructive termination and no legal duty on the employer to accept or reply to the resignation letter.
The High Court upheld a CMA award, finding the labour dispute was prematurely filed because the applicant had not proved termination by the employer.
The High Court dismissed a labour revision, holding that retrenchment was not initiated by the employer and the applicant had effectively ended the employment.
The High Court upheld a CMA dismissal of a labour dispute as time-barred, holding the applicant’s resignation was effective from 31 July 2018.
The High Court Labour Division dismissed Aisha Mohamed’s revision, finding she failed to prove termination and that the evidence supported resignation instead.
The respondent’s resignation was a lawful termination of employment by the employee, and the applicant’s acceptance letter was valid. Section 41(3)(i) and (ii) of the Employment and Labour Relations Act does not apply to resignations. The arbitrator erred in ordering the applicant to prepare another letter and involve a medical review board, as there was no employer-initiated termination or evidence that the illness was occupational.
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