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The High Court dismissed a labour revision challenge and upheld a CMA award for salary arrears, holding that the statutory minimum wage bound the employer.
The High Court dismissed a labour revision, upholding the refusal to condone delay because the applicant failed to account for all days of delay in claiming salary arrears.
The High Court revised and set aside a CMA award, finding improper assessment of evidence and unlawful termination procedure. The applicant remained under suspension and was awarded salary arrears.
The Arbitrator properly awarded 6 months' salary arrears as the Respondent claimed unpaid salaries, and evidence showed only 2 months were paid. The reduction from 22 months to 6 months was justified based on proof. The application lacks merit as the relief was claimed and proven.
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The applicant failed to prove entitlement to salary arrears beyond the period of actual work. The evidence established employment until 07.05.2020, but no proof was provided for work or exemption from work beyond that date. The CMA correctly limited salary arrears to the period February 2020 to May 2020. Claims for constructive termination and further salary arrears were unsupported and not raised at the CMA.
Source excerpt
The applicant's claim for salary arrears was time-barred as it was not filed within 60 days from the accrual of the cause of action. The applicant, being on probation, was not entitled to compensation for unfair termination, and only entitled to arrears for the last two months worked.
Source excerpt
Applicant failed to account for each day of delay and did not provide sufficient reasons for condonation; the proper forum for challenging the award on salary arrears was revision, not a fresh condonation application. The arbitrator was justified in dismissing the application for condonation as time-barred.
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The application was filed out of time without an application for condonation, contrary to Rule 10 of GN. No. 64/2007. The Applicant's claim was not accompanied by justifiable reasons for the delay. Therefore, the dismissal by the Arbitrator was justified and is upheld.
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The applicant failed to prove denial of the right to be heard or procedural irregularity in the disciplinary process; the respondents followed proper procedures under the law. However, the applicant is entitled to outstanding salary arrears for the period July 2020 to February 2021, as conceded by the respondents and evidenced by partial payment.
Source excerpt
The High Court upheld a CMA award, finding the employee had impliedly agreed to a reduced salary by working for years without protest.
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