Joseph Kanengoni v Elnour United Engineering Group (Pvt) Ltd

Key Issues

• {"issue_text":"Whether Section 93(5)(c) of Labour Act is unconstitutional for denying employers right to appeal","issue_type":"constitutional","dispositive":"yes","related_facts":"Section 93(5)(c) makes provision for Labour Officer determination to be referred to Labour Court for confirmation without appeal mechanism for employers"}
• {"issue_text":"Whether Section 93(5)(c) violates Section 24 of Constitution (reasonable policies and measures)","issue_type":"constitutional","dispositive":"yes","related_facts":"Provision may cause employers to resort to independent contracts to avoid NEC route"}
• {"issue_text":"Whether Section 93(5)(c) violates Section 56(1) of Constitution (equality before law)","issue_type":"constitutional","dispositive":"yes","related_facts":"Employers denied right to appeal while employees excluded from application procedure"}
• {"issue_text":"Whether Section 93(5)(c) violates Section 69(1) of Constitution (right to fair hearing)","issue_type":"constitutional","dispositive":"yes","related_facts":"Employer not accorded right to reply in application procedure"}
• {"issue_text":"Whether Section 93(5)(c) violates Section 69(3) of Constitution (access to courts)","issue_type":"constitutional","dispositive":"yes","related_facts":"Employer has no automatic right to approach Labour Court, must wait for Labour Officer to apply"}

Background