This is an application for condonation of the late filing of a Notice of Appeal. It is which cause that the Applicant didn’t file an affidavit but his legal practitioner did this on his behalf. The first issues raised by Respondent’s counsel is that the legal practitioner, who de… to the Founding Affidavit could not appear on behalf of the Applicant as he assured the complexion of a witness. Mr Chipere attempted to play down the issue. However, it is quite clear that Mr Chipere having sworn to the Founding Affidavit would not proceed to appear on behalf of the... More
This is an application for Review. The question of jurisdiction and prescription have been raised on behalf of the applicant. The sole ground for review is therefore:
“Absence of jurisdiction on part of the Disciplinary Committee on the basis that the matter has prescribed.”
The matter is presently still pending before the respondents. This is so as the applicant raised a preliminary issue that the matter had prescribed and could therefore not be heard by the Disciplinary Committee as this would be in violation of s94 of the Labour Act [Chapter 28:01] (the Act).
The applicant was charged with the... More
This is an appeal against the decision of the Hearing Officer finding the Appellant guilty of misconduct culminating in his dismissal from employment. The brief facts are that the Appellant was employed as the Acting Chief Executive Officer of Respondent. He also held the post of Head of Finance. This means that he held the two posts simultaneously. An audit was carried out following reports of misconduct. The audit report made certain recommendations amongst of which it was stated that Appellant had failed to discharge his duties both as Head of Finance and Acting Chief Executive Officer and the Board... More
This is an application for condonation for late filing of an application for review.
Factual Background
The applicant who was employed by the 2nd respondent was charged with Habitual and substantial neglect of his duties in terms of section 4 (g) of Statutory Instrument 15/2006.
He was found guilty and dismissed. His internal appeals were not successful and the matter was eventually referred to a Labour Officer More
Applicant filed an application for condonation of the failure to file an appeal timeously under case number LC/H/157/23. On 13 June 2022, after hearing the parties, the Court proceeded to render an Ex Tempore Judgment on the same date dismissing the application. The Applicant proceeded to file an application for leave to appeal under Case Number LC/H/531/23. This matter was set down for hearing on 27 September 2023. However, Applicant was not in attendance. The application was struck off the off the roll. It is pertinent to note that after the judgment of 13 June 2022, Applicant’s representative requested for... More
