The matter was placed before me as an application for condonation and extension of time within which to file an appeal. I issued an order in February of 2024 dismissing the application for condonation. Request for reasons for the order was made. Here are my reasons for the order. More
The Appellant got engaged in the Respondent’s employ on 1 September 2012 after signing the offer letter on 16 July 2012. The letter specified that the Appellant was to begin work on 1 September 2012. The Appellant was given another contract to sign when he was already in employment. The Appellant refused to sign it and this began the legal tortuous route leading to his dismissal culminating in arbitration proceedings and finally to this Court. The Arbitrator ordered payment of damages in lieu of re-instatement. The Appellant is dissatisfied with the award and the Respondent is equally unhappy and has... More
This is an application for condonation for late noting of appeal and not for extension of time within which to appeal as well. The applicant was charged and convicted of two acts of misconduct. A penalty of dismissal was imposed. The acts of misconduct were also reported to the police but the criminal charges did not succeed. The charge was that of conduct inconsistent with the fulfillment of the express or implied conditions of his contract- section 4a of Statutory Instrument 15 of 2006. More
When parties appeared before the Arbitrator, the respondent put forward a claim of a total of thirty three thousand two hundred and sixty four US Dollars (USD 33 264.00). The Arbitrator thereafter awarded him a total of twenty three thousand one hundred US Dollars
(USD23 100.00) made up of 25 months’ salary at the rate of USD924 per month as damages for loss of employment. The operative word here is “damages for loss of employment”. The appellant in ground 3 has taken issue with the Arbitrator’s use of the word “additional compensation.” What I understand is whether or not the... More
