NATIONAL LABOUR COMMISSION vs. ANGLOGOLD ASHANTI LTD

This court gave judgment against the respondent/applicant on 24th day of June, 2010 and went on to order that it should calculate the difference between the redundancy package and the early retirement benefit in the case of each petitioner and the difference paid to each of them within thirty days. The respondent/applicant is aggrieved and has as a result filed notice of appeal against the decision of this court. Consequently, it has brought the current application seeking an order of this court to stay execution of the order pending appeal. The respondent/applicant identified two main grounds for the application. These are that the appeal has greater chance of success and that the appeal will be rendered nugatory if the application is not granted and it succeeds on appeal. This is because the petitioners who are the ultimate beneficiaries are unemployed and will not be in the position to refund the amounts to the appellant in the event that the respondent/applicant succeeds on its ...