The Industrial Court granted KCCA an extension of time and leave to appeal against a labour award, holding that a counsel’s mistake and arguable issues justified relief.
The court found that the applicant's grounds for appeal, though not set forth concisely, raised questions of fact and mixed law and fact regarding the Labour Officer's evaluation of evidence and omission to address certain remedies. The statutory framework requires that leave to appeal on questions of fact be granted where such questions formed part of the Labour Officer's decision and the applicant provides reasons for seeking to argue them. The respondent's objections, raised without supporting affidavit and not presented before the Labour Officer, were disregarded. The court concluded that…