The factual background of this matter which is generally common cause is that:
- Appellant was in 2nd respondent’s employ under the 1st respondent and his duty among others was to conduct road tests on holders of Learners licenses and if the holder proves that he is competent to drive, issue him/her with a certificate of competency.
- There are certain tests that are specific to certain classes of vehicles and are not applicable to other classes, namely the 3 point turn is conducted on class 4 and not class 2 road tests.
- On the 27th August, 2019 appellant... More
This is an application for review of a determination made by the Designated Agent, E. Machikiti on the 13th of July, 2020. The application is premised on Section 92 EE of the Labour Act [Cap 28:01]. The application is opposed. More
This is an appeal against the decision of the Respondent Disciplinary Authority which decision resulted in the dismissal of Appellant from employment with effect from after duty on the 6th of December, 2019. The appeal is opposed. More
There has been an inordinate delay in the hand down of this judgment. My most sincere apologies to the parties involved. This is an application for confirmation of a draft ruling made on the 27th February 2017 by the Applicant in her capacity as Designated Agent for the NEC Welfare and Educational Institutions. The application is premised on the provisions of Section 95 (5a) and (b) of the Labour Act [Chapter 28:01] hereafter referred to as (the Act.) More
At the conclusion of submissions made at the hearing of this matter, I gave an ex tempore judgment in which I partially granted the application for review. The following are the full reasons for the ex tempore judgment. More
