MBABANE – The Industrial Court has dismissed an application by a former Boxer Superstores branch manager who sought to register an arbitration award that the company had already paid.
In a judgment delivered on April 2, 2026, Judge L. Msimango ruled that Israel Maswati Dlamini had no reasonable prospects of success since he had already received his payment, less lawful tax deductions.
Dlamini, who earned a monthly salary of E22,030.18 before his dismissal in 2023, was awarded E574,479.22 following a CMAC arbitration process. Boxer Superstores challenged the award in the High Court but eventually paid E509,608.85 to Dlamini’s attorneys on August 25, 2025.
The difference in the figures stemmed from a tax directive issued by the Eswatini Revenue Services, which required the employer to deduct E64,870.33. The court found that such tax directives are a legal requirement that employers cannot ignore when paying terminal benefits.
The court further noted that Dlamini’s application was fundamentally flawed and irregular. His initial “Notice of Motion” lacked a supporting founding affidavit as required by the Industrial Court Rules of 2007.
When the court pointed out these errors, Dlamini attempted to file an amended notice without following the proper legal procedure. This amendment was rejected because it failed to provide the respondent time to object and introduced a new cause of action not previously pleaded.
Judge Msimango stated that the court is left to speculate why the application was brought when the background facts only showed that payment had been made.
“The Applicant is now seeking to register the same arbitration award which has already been paid without any basis,” the judge held.
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