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
The application is for quantification of damages in lieu of reinstatement. The application is filed pursuant to a court order granted by this court on 10th November, 2023 with a corrigendum issued on the 4 April 2024. The application is opposed by the 2nd Respondent More
