HIS Enterprise (Pty) Ltd v Barra (SCA 14/2018) [2020] SCCA 35 (18 December 2020);
ORDER
ORDER
REASONS FOR RULING DELIVERED ON 07 AUGUST 2020
JUDGMENT
TWOMEY JA
DODIN J
[1] The Applicant is appealing the judgment of this Court delivered on 16th July 2018 which dismissed the Applicant’s appeal from a judgment of the Employment Tribunal delivered on 24th October, 2017. The grounds of appeal before the Court of Appeal are :
i. “The learned judge erred in law on the evidence in awarding compensation to the Respondent;
ii. The learned judge erred in law in failing to consider the reasonable excuse given by the Appellant for non-appearance of lawyer;
Tort law: Claim of damages arising out of employment relationship – Articles 1382, 1384 of the Civil Code (CAP 33).
ANDRE J
Introduction
Employment law: Bonding Agreement - Plea in limine litis - jurisdiction of Magistrate's Court in employment matters - whether employment-related matter reserved exclusively for Employment Tribunal or whether triable by Magistrate's Court.
Employment law: Bonding Agreement - Plea in limine litis - jurisdiction of Magistrate's court in employment matters - whether employment-related matter reserved exclusively for Employment Tribunal or whether triable by Magistrate's Court.
Occupational health and safety: Claim for damages for injury occurring at work place. Appellant has failed to establish negligence on part of respondent. Section 8(a) of Occupational Safety and Health Decree also castes a duty on the employee to take reasonable care for the health, safety and well-being of himself and others whilst he is performing his duties. Appeal dismissed with costs.
NUNKOO J
[1] The Respondent was in the employment of the Appellant as a quantity surveying technician. Following the termination of his employment and after the failure of mediation, he sought compensation for unlawful dismissal before the Employment Tribunal. The Respondent claimed the following:
(a)Unpaid salary from 1st June 2017 to 9th June 2017.
(b) 13 days annual leave.