Ms Ester Gambakwe v Gain Cash and Carry (Pvt) Ltd

Key Issues

• {"issue_text":"Whether the prayer to the appeal is fatally defective for failing to couple reinstatement with damages in lieu","issue_type":"procedural","dispositive":"no","related_facts":"The prayer sought reinstatement without expressly praying for damages in lieu"}
• {"issue_text":"Whether the grounds of appeal are too generalised and fail to raise points of law","issue_type":"procedural","dispositive":"no","related_facts":"Respondent argued grounds were generalised and Section 92D requires points of law"}
• {"issue_text":"Whether the appeal is improperly before the Labour Court for failure to first appeal to a Labour Officer under Section 101(5)","issue_type":"procedural","dispositive":"no","related_facts":"Section 101(5) as amended in 2023 provides for post-proceeding recourse to Labour Officer"}

Background