The High Court rejected a bid by former Health Ministry official Lloyd Machacha to enforce a Labour Court ruling that declared his dismissal unlawful. Justice Joel Mambara said the court could not hear the case because Machacha failed to use enforcement procedures outlined in the Labour Act.
The Labour Court ordered Machacha's reinstatement with benefits or damages after finding his termination violated employment law. Machacha claimed the Health Service Commission and its eight members ignored the order, leading him to seek High Court intervention.
The commission argued the High Court lacked authority over the dispute. Justice Mambara agreed and noted the Labour Act permits registration of judgments with magistrates or the High Court while keeping the Labour Court responsible for damage calculations and contempt proceedings.
The judge dismissed the application with costs and told Machacha to pursue enforcement through Labour Court channels. Further action may proceed only if Labour Act remedies prove exhausted or ineffective.
The Labour Court ordered Machacha's reinstatement with benefits or damages after finding his termination violated employment law. Machacha claimed the Health Service Commission and its eight members ignored the order, leading him to seek High Court intervention.
The commission argued the High Court lacked authority over the dispute. Justice Mambara agreed and noted the Labour Act permits registration of judgments with magistrates or the High Court while keeping the Labour Court responsible for damage calculations and contempt proceedings.
The judge dismissed the application with costs and told Machacha to pursue enforcement through Labour Court channels. Further action may proceed only if Labour Act remedies prove exhausted or ineffective.
