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
The Respondent was employed as a Captain. He was initially suspended for an alleged misconduct on the 18th of November, 2008. He was re-suspended by the Appellant on the 5th of December 2008 for three alleged acts of misconduct namely;
a) conduct on omission inconsistent with the fulfilment of the express or implied conditions of his contract.
b) absence from work for a period of five (5) or more working days without leave or more working days with leave or reasonable cause or alternatively;
c) habitual and substantial neglect of duty.” More
There has been a delay in the handing down of this judgement which was prepared in 2017. I do hereby extend my apologies to the parties.
INTRODUCTION
The appeal was noted against an arbitral award handed down on the 30th July, 2015 per the Honourable Dr T.N Sambureni, Arbitrator. The appeal is opposed.
BACKGROUND FACTS
The Respondent was employed by the Appellant as a Senior Manager – Finance. On 16 December, 2009 the Appellant through its Human Resources Manager wrote to the Respondent notifying him of its intention to retrench him. More
