JUDGMENT NO. CCZ 16/2016 CONST. APPLICATION CCZ 4/2016 (“the Act”) on the basis that the provisions infringe the fundamental right to equal protection of the law enshrined in s 56(1) of the Constitution. The applicant also took as an additional point that s 98(14) of the Act infringes the right to fair labour practices enshrined in s 65(1) of the Constitution. The second to the sixth respondents were employees of the applicant until they were dismissed for misconduct. They were aggrieved by the dismissal and raised a complaint of unfair labour practice with a labour officer, claiming overtime and several other allowances that they alleged the applicant owed them. When conciliation failed to yield a settlement, the dispute was referred to compulsory arbitration. The Arbitrator found in favour of the second to the sixth respondents. The applicant filed an appeal with the Labour Court, but failed to file heads of argument, leading to the second to the sixth respondents successfully applying to the Labour Court for dismissal of the appeal for want of prosecution. The second to sixth respondents then applied to the Arbitrator for quantification of the award. They were awarded USD$99 882-60. They then applied to the High Court to have the arbitral award registered as an order of the High Court. The High Court granted the application for registration. The applicant noted an appeal to the Labour Court against the quantification. In the meantime the second to sixth respondents armed with a writ of execution proceeded to attach the applicant’s property. The applicant immediately filed an application for stay of execution of the writ with the High Court. The application was dismissed. This application was then made. 2

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