TSITSI BWANYA & 21 OTHERS v SCIENTIFIC & INDUSTRIAL RESEARCH AND DEVELOPMENT CENTER (SIRDC)

Key Issues

• {"issue_text":"Whether the exclusion of contract workers from allowances in the CBA is ultra vires section 5(1) of the Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Appellants were contract employees excluded from allowances under CBA S.I. 323/93"}
• {"issue_text":"Whether the Labour Act overrides inconsistent provisions in a Statutory Instrument","issue_type":"law","dispositive":"yes","related_facts":"Appellants argued that the Act takes precedence over inconsistent SI provisions"}
• {"issue_text":"Whether contract workers are protected from discrimination under section 5(1) of the Labour Act","issue_type":"law","dispositive":"yes","related_facts":"Appellants alleged discrimination as contract workers"}
• {"issue_text":"Whether appellants can raise dismissal issue not included in Notice of Appeal","issue_type":"procedural","dispositive":"no","related_facts":"Appellants sought to reopen dismissal issue"}

Background