The brief factual background is that the applicant was employed by the respondent as Financial Accountant. He was dismissed for misconduct after disciplinary proceedings held in terms of the Labour (National Employment Code of Conduct) Regulations Statutory Instrument 15 of 2006. (National Code).
The matter went for arbitration, following procedures provided for in the National Code. The arbitrator, in his award dated 10 December 2013, upheld the verdict of guilty, but set aside the penalty of dismissal. The arbitrator ordered the reinstatement of the applicant, without pay and benefits for the period he was on suspension. It appears the penalty... More
The applicant was employed by the respondent as a general manager. A dispute arose over the manner in which his personal issue vehicle had been purchased. As a result of which the applicant was suspended and later invited to a disciplinary hearing. He was found guilty after the proceedings had been conducted in his absence and he was dismissed. More
This is an application for condonation of late noting of an appeal. The reasons proffered for approaching the court later than is set out in the Rules is that the respondent did not furnish timeously the applicant with the record of proceedings. It was submitted on behalf of the applicant thatonce the respondent availed the said record, the applicant commenced to note an appeal with this Court. By then he was already out of time, hence this application. More
This is an application for leave to file medical documents and amend grounds of appeal to include three more grounds. On the 2nd March, 2015 Applicant filed an appeal (LC/H/181/15) in this Court against the Disciplinary Authority‘s determination of the 10th April, 2014 in which he was dismissed from employment for:-
- Not reporting for duty on time since 3 June, 2012 to 28 March, 2013.
- Disregarding official instruction directing members to sign in and out in the attendance register.
- Absenting himself from duty during office hours for the period mentioned above. More
The applicant has approached this Court for interim relief in terms of section 92 E (3) of the Labour Act [Cap 28:01].
The applicant employed the respondents in various capacities. It is alleged that the applicant was underpaying the respondents which resulted in the matter being referred to a labour officer for conciliation and finally to an arbitrator. The arbitrator found in favour of the respondents and the applicant has appealed against that decision. Pending the determination of the appeal the applicant has applied for a stay of the execution of the arbitrator’s award. More
