IN
THE INDUSTRIAL COURT OF SWAZILAND
HELD
AT MBABANE CASE NO. 49/2002
In
the matter between:
MICHAEL
MASEKO APPLICANT
and
THE
PRINCIPAL SECRETARY
MINISTRY
OF WORKS 1st RESPONDENT
THE
SWAZILAND GOVERNMENT 2nd RESPONDENT
THE
ACCOUNTANT GENERAL 3rd RESPONDENT
THE
ATTORNEY-GENERAL 4th RESPONDENT
CORAM:
NDERINDUMA: PRESIDENT
JOSIAH
YENDE: MEMBER
NICHOLAS
MANANA: MEMBER
FOR
APPLICANT: S. MOTSA
FOR
RESPONDENT: Z. MATSE
JUDGEMENT
26/04/02
The
Application for an interim order interdicting the Respondent pending
an agreement on the Applicant's retirement package is misconceived.
The
court order dated the 28th February, 2002 was to the effect that the
Applicant be paid gratuity and other applicable benefits since he had
already attained the retirement age.
These
benefits are computed in terms of the relevant laws and regulations
and there is no provision for agreement as to the manner in which the
benefits are computed.
2
The
Respondents have failed to establish a clear right to the relief
sought. This is a preliquisite for granting an interdict.
In
the result the Application is dismissed with costs.
The
Members Agree.
NDERI
NDZIMA
JUDGE
PRESIDENT - INDUSTRIAL COURT
