Dlamini v Luju Lwemaswati Farmers Association (130 of 2020) [2020] SZIC 128 (11 November 2020)

# Dlamini v Luju Lwemaswati Farmers Association (130 of 2020) [2020] SZIC 128 (11 November 2020) [ __](https://api.whatsapp.com/send?text=https://eswatinilii.org/akn/sz/judgment/szic/2020/128/eng@2020-11-11) [ __](https://twitter.com/intent/tweet?text=https://eswatinilii.org/akn/sz/judgment/szic/2020/128/eng@2020-11-11) [ __](https://www.facebook.com/sharer/sharer.php?u=https://eswatinilii.org/akn/sz/judgment/szic/2020/128/eng@2020-11-11) [ __](https://www.linkedin.com/sharing/share-offsite/?url=https://eswatinilii.org/akn/sz/judgment/szic/2020/128/eng@2020-11-11) [ __](mailto:?subject=Take a look at this document from EswatiniLII: Dlamini v Luju Lwemaswati Farmers Association \(130 …&body=https://eswatinilii.org/akn/sz/judgment/szic/2020/128/eng@2020-11-11) [ Download DOC (356.5 KB) ](/akn/sz/judgment/szic/2020/128/eng@2020-11-11/source) Toggle dropdown * [Download PDF](/akn/sz/judgment/szic/2020/128/eng@2020-11-11/source.pdf) Report a problem __ * Share * [ Download DOC (356.5 KB) ](/akn/sz/judgment/szic/2020/128/eng@2020-11-11/source) * [Download PDF](/akn/sz/judgment/szic/2020/128/eng@2020-11-11/source.pdf) * * * * * Report a problem __ ##### Dlamini v Luju Lwemaswati Farmers Association (130 of 2020) [2020] SZIC 128 (11 November 2020) Copy citation * __Document detail * __Related documents Citation Dlamini v Luju Lwemaswati Farmers Association (130 of 2020) [2020] SZIC 128 (11 November 2020) Copy Media Neutral Citation [2020] SZIC 128 Copy Court [Industrial Court of eSwatini](/judgments/SZIC/) Case number 130 of 2020 Judges [Nsibande JP](/judgments/all/?judges=Nsibande%20JP) Judgment date 11 November 2020 Language English Court Roll [Download PDF](/akn/sz/judgment/szic/2020/128/eng@2020-11-11/attachment/dlamini-v-luju-lwemaswati-farmers-association-2020-szic-128-11-november-2020.pdf) (96.5 KB) * * * Skip to document content # _**IN THE INDUSTRIAL COURT OF ESWATINI**_ **RULING** Case No. 130/2020 In the matter between: **FRANCE M. DLAMINI** Applicant And **LUJU LWEMASWATI FARMERS ASSOCIATION** Respondent **Neutral citation:** France M. Dlamini v Luju Lwemaswati Farmers Association [2020] SZIC 128 (11 November 2020) **Coram:** **S. NSIBANDE J.P.** (Sitting with M.P. Dlamini and E.L.B.Dlamini Nominated Members of the Court) **Date Heard:** 30 July 2020 **Date Delivered:** 11 November 2020 _**RULING**_ [1] The applicant was dismissed by the respondent on 19th November 2019 for being absent without leave and for dishonesty in that he attempted to write on the attendance register that he was present on days he was not. He was unhappy with his dismissal and therefore reported a dispute at the Conciliation, Mediation and Arbitration Commission (CMAC). [2] The dispute was not resolved and a certificate of unresolved dispute was issued and the applicant then instituted legal proceedings before this Court for the determination of the unresolved dispute. The respondent opposed the application and filed its reply. The matter currently awaits allocation of trial dates from the Registrar’s office. [3] The applicant has launched the present application wherein he requests that the President orders that the application be referred to arbitration under the auspice of CMAC. The respondent has not filed any papers opposing the application. Regardless, it is still the President’s duty to consider whether the matter is one that, and is one that ought to be referred to arbitration. [4] The applicant’s application is premised on two pillars – 4.1 that the amount claimed is substantive and will not cause prejudice to the respondent if the matter is referred to arbitration; 4.2 that the issue of the backlog of cases at the Industrial Court would delay the hearing of the matter whereas the legislature had established CMAC as a mechanism to assist in the speedy resolution of conflicts in labour matters and could assist in having this matter resolved speedily. [5] I have considered the pleadings in this matter. It appears that there will be some disputes of fact in relation to the allegations of absence as well as the attempt to fiddle with the attendance book. However these disputes are not, in my view, complex. I consider that an arbitrator at CMAC will be in a position to navigate through these issues without too much difficulty. [6] I also do not consider that there are complex matters of law in the matter. [7] The amount claimed is not substantial and I consider that there is little, if any prejudice the respondent may suffer by the matter being referred to CMAC for arbitration. In the circumstances I make the following order. 7.1 The application for referral of the unresolved dispute to arbitration under the auspices of CMAC is granted. There is no order as to costs. **For Applicant:** Mr. S. Dlamini (Selby Dlamini (Labour Law Consultant) **For Respondent:** No appearance (Richstin Labour Law Consultanty) #### __Related documents ▲ To the top >