The appellant was employed by the respondent. He worked in an area called the “tool room.” He was charged with and convicted for theft.
The facts which are not disputed are that the appellant was found to have kept some 9 litres of engine oil and 2 litres of ATF oil in the tool room. The said oil was not kept in the open but was hidden behind a cabinet in that tool room. When the workshop manager who discovered the oil asked the appellant about the hidden oil, the appellant had no immediate answer. When the appellant was asked... More
Justice Hove delivered judgment on 26 October 2012 in respect of the same parties. The Learned Judge set aside the previous proceedings and remitted the matter for trial de novo. The matter was re-heard and Applicant dismissed from employment. Applicant has once again approached this Court for relief alleging procedural irregularities against the Respondent. More
This is an application by a designated agent. It is an application for the confirmation of the designated agent’s ruling. It is in terms of section 93 (5a) (a) and (b) of the Labour Act Chapter 28:01 (the Act). The application is by default, not opposed by the first respondent who is the employer. More
This is an appeal against the decision of the N. E. Appeals Committee which upheld the Appellant’s dismissal by the Respondent on gross misconduct charges of failing to obey a lawful instruction in contravention of the National Employment Code of Conduct for Welfare and Educational Institutions. More
The appeal was noted against the arbitral award handed down on 10thMay 2013.The Appellant was employed by the Respondent as a Senior Promotions Officer in the Sales Marketing Department. His contract of employment was terminated following a retrenchment exercise which resulted in the Retrenchment Committee issuing a retrenchment certificate on the 20th of December, 2012. The Appellant subsequently referred a complaint of alleged unlawful retrenchment and non-payment of contractual entitlements to conciliation. Upon failure to conciliate the matter was referred to an independent arbitrator. More
