The respondent was employed on a fixed term contract basis by the appellant.
The appellant was arrested by the police in relation to some criminal charges. He stopped reporting for duty as a consequence of his arrest.
The contract of employment which was a fixed term contract expired and the appellant did not renew it.
When the respondent eventually reported for duty, he argued that the employer had unlawfully terminated his contract of employment as he had a legitimate expectation to have his contract renewed and further the employer had employed someone in his stead. More
[1]In this matter the parties were aggrieved by a determination made by an arbitrator. An appeal and a cross appeal were therefore respectively noted.
[2] The Court made an order granting the appeal with costs and dismissing the cross-appeal with costs with reasons to follow. The following are the reasons and full order.
[3]Preliminary issues which the parties sought to raise were abandoned at the commencement of the hearing.
[4]This matter arose out of the employer’s (respondent’s) internal memorandum (‘the memo’)to the employee (appellant) on the 24th of August 2023 More
The brief history of this matter is that the respondent was employed as a chief security officer from August 2008 to 13 August 2015. He was suspended and dismissed from work on charges of misconduct. It is alleged that he failed to control illegal panning and it was alleged that he also failed to execute his major duty of safeguarding the company assets by allowing illegal panning.
The respondent appealed to the arbitrator alleging unfair dismissal. More
This is an appeal against the determination, handed down in terms of Section 63 (3a) of the Labour Act [Cap 28:01] (hereafter referred to as the Act) by the Designated Agent of the National Employment Council for the Mining Industry, Mr V. Tasiyana. The determination was handed down on 14 March 2022. More
