The three respondents were employed by the appellant in different capacities.
During the course of their employment, the respondents committed certain acts of misconduct whose details are irrelevant in the resolution of this case.
All the respondents were charged albeit separately and were found liable.
The penalty given for each of them was a demotion and a final written warning. Each of them appealed to the National Employment Council Appeals board.
For the first respondent the appeals board confirmed the verdict but altered the penalty. The appellant had demoted the first respondent from Grade C5 to B4. The appeals board... More
This is an appeal by the Respondent bank against the decision of the N.E.C for the Banking Industry and Undertaking’s decision to reinstate the appellant to her original position with the bank. Appellant had been dismissed by the respondent on allegations of having contravened category D section 11 (1) of the Respondent’s code of conduct which read “any serious act, conduct or omission inconsistent with the fulfillment of the express or implied conditions of contract”. More
The parties are embroiled in a labour dispute. The respondent is the appellant’s employee.
The undisputed facts are that the respondent was a Salaries and Administration manager Grade C5. In 2009 the respondent was verbally requested to take additional duties and responsibilities of the Human Resource Manager who had left employment. The respondent was paid an acting allowance in accordance with the Company’s Policy.
A dispute ensued in that, the respondent thereafter worked in that capacity for more than six months. The respondent’s claim was that he was supposed to have been appointed a substantive Human Resource Manager in terms... More
The brief facts of the matter are that National Employment Council Arbitrator M Mpango (arbitrator) issued an award on 21 January 2011, in which the parties were cited as;
“AGRIFOODS (PVT) LTD EMPLOYEES-Claimants
And
AGRIFOODS(PVT) LTD MANAGEMENT-Respondents”
On 18 December 2014, the arbitrator amended his initial award, by changing the citation of the respondent to AGRIFOODS (PVT) LTD. He removed reference to AGRIFOODS “MANAGEMENT”. This amendment was upon an application brought by the claimants, which application was opposed by the respondent. The resultant award, titled “PATENT AMENDMENT OF ARBITRAL AWARD”, is the subject of this appeal. More
This is an application for review of the decision of the second Respondent who made an order in favour of the 1st Respondent in a case of an alleged unfair labour practice.
The basic grounds of the review are that the 2nd Respondent in his capacity as an arbitrator in a matter between the 1st Respondent and one Wassi, erred by exceeding his jurisdiction when he substituted Wassi with the Applicant as the Respondent in the matter which was before him. He did so well knowing that the matter before him had been filed as a matter between Wassi and... More
