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The arbitrator erred by proceeding ex-parte and dismissing the application to set aside the award without properly considering the applicant's justifiable absence and relying on evidence not adduced by the parties. The applicant's notification and supporting documents constituted sufficient cause for adjournment.
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The Applicant was properly served with summons for the arbitration hearing and failed to appear without sufficient justification. The Arbitrator provided reasons for the decision, and the Applicant's right to be heard was not violated. There is no justifiable reason to fault the Arbitrator's findings or set aside the ex-parte award.
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The CMA decision was ex-parte as only the complainant's evidence was considered due to Applicant's counsel's repeated non-appearance. The proper procedure to challenge the ex-parte award is to apply to the CMA to set it aside, not to the High Court.
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The Court of Appeal allowed an employment appeal, holding that the CMA breached natural justice by raising time limitation suo motu without hearing the parties.
The High Court set aside a CMA ex-parte award after finding the arbitrator was not justified in hearing the matter ex-parte against the referring party.
The High Court set aside a CMA ruling refusing to reopen an ex parte labour award, finding triable issues and ordering the dispute heard inter partes.
The High Court set aside an ex-parte CMA award after finding no proof the applicant was properly served with summons before the matter proceeded ex-parte.
The applicant failed to provide sufficient and convincing reasons for non-appearance at the CMA. The excuses given were not substantiated by the record, and the applicant demonstrated a lack of seriousness through repeated adjournments and absence without notice. The CMA was justified in proceeding ex-parte, and there is no basis to interfere with its decision refusing to set aside the ex-parte award.
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The High Court granted revision, set aside the CMA refusal, and extended time for Africafe Cofee House Ltd to seek setting aside of an ex parte award.
The applications challenge an interlocutory order which did not finally determine the dispute; Rule 50 of the Labour Court Rules prohibits revision or appeal of such orders unless they finally determine the matter or cause grave injustice, which was not established here.
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