This as an application for condonation for late noting of an appeal . It is opposed.
[2]The applicant is a former employee of the respondent . He was dismissed from
employment following disciplinary proceedings for ‘Carrying out any conduct which is
inconsistent with the express or implied conditions of contract of employment’ in violation
of the applicable code of conduct. The basis of the charge was that the applicant during the
course of his duties as a Revenue Officer charged rent for certain goods and such rent was
below the stipulated amount and therefore contrary to both legislation and the... More
This is an appeal against an arbitral award handed down by the Honourable M Mpango Arbitrator on the 23rd of February 2015. The operative part of the award reads as follows. More
This is an appeal against an award by an arbitrator. Before the merits of the appeal were argued, the respondent raised a point in limine. The respondent argued that the appellant had neither complied with the arbitral award nor applied for the suspension thereof pending the determination of the appeal. The respondent argued that an appeal against an arbitral award does not suspend its operation. It was submitted that under the circumstances, the appellant was not properly before the Court until it had purged its contempt. Mr Mugandiwa who appeared on behalf of the appellant argued that an appeal against... More
This matter came as an appeal against the arbitrator’s award which ordered the reinstatement of the Respondent to his former position at work without loss of benefits, alternatively that the Appellant company was to pay him damages in lieu of reinstatement if it was of the view that reinstatement was no longer possible.
The basic ground of appeal which was cited by the Appellant company was couched in the following words: ”The arbitrator failed to observe principles of natural justice as he conspicuously displayed bias against the applicant as he made a decision without calling parties to appear before him”... More
