MBABANE: Industrial Court of Appeal Judge His Lordship Andreas Lukhele has delivered a historic judgement that comes as a relief to hundreds of eSwatini workers who were unfairly dismissed by their employers without a disciplinary hearing.
The Honorable Judge sitting with Judge Sifiso Nsibandze and Dumisani Mazibuko concluded that, the matter between Limkokwing University of Creative and Technology(LUCT) and dismissed Lecturer Xolile Sacolo must be enrolled as an urgent matter.
The Lecturer took the troubled University to court after the institution of higher learning dismissed her without a disciplinary hearing, the historic judgement was delivered this week on Friday.
This decision to unfairly dismiss workers with impunity was becoming a norm in the corporate sector as employers were taking advantage of the fact that, dismissed employees will struggle to afford lawyers while their cases drag for years at the Industrial Court.
The Lecturer,a lawyer by profession took the University to the Industrial Court seeking an order that,her matter be heard on urgent basis, she was represented by lawyer Meluleki Ndlangamandla from MLK Ndlangamandla Attorneys.
“The application for the urgent enrolment of the appeal is granted and it is directed that this appeal be heard as an urgent appeal. The parties are to comply with the Rules of this Court regarding the filing of Heads of Arguments and Books of all Authorities to be relied upon in this appeal.Upon compliance with order 2 above the parties are at liberty to set this matter down for the allocation of a date of arguing the appeal and/or any further orders as may be sought,” reads the judgement in part.
On another note, Judge Lukhele who delivered the judgement once worked with highly regarded lawyer and former Industrial Court Judge President Peter Dunseith, who was also known for winning cases on behalf of dismissed workers.
Reached for comments on Saturday evening, Wander Mkhonza, the Secretary General(SG) of the Amalgamated Trade Union of Swaziland(ATUSWA) said the judgement of the Industrial Court of Appeal comes as a relief to them as workers as “it sets a precedent” for future similar cases.
A precedent in law, refers to a court decision that is considered as authority for deciding subsequent cases involving identical,similar facts or similar legal issues.
“We are very happy as workers that at last, based on this precedent, we will be able to challenge employers for unfair dismissals”, said the ATUSWA Secretary General.
Judge Andreas Lukhele(pic:Times).