Appellants appealed to this Court against their dismissal from employment by Respondent. Their attorney amended the grounds by deleting some and hearing two namely,
1. Respondent erred by substituting the penalty of a final warning with dismissal; and
2. Respondent erred in dismissing some employees whilst warning others for the same offence. More
Before me is an application for review of the decision of the Negotiating Committee of the National Employment Council for the Commercial Sectors. More
Appellant was in Respondent’s employment as from the 2nd February, 2002 to the 29th October, 2012 when he tendered his resignation. This is common cause. More
“In so far as Applicant is concerned there were two matters in dispute which required evidence to be led. The first is whether or not Applicant was properly before the Arbitration, Tribunal, Applicant contended that he was unaware of the dispute until he was summoned to appear before the arbitrator and that he had not received any invitation to attend any conciliation exercise before either the Ministry of Labour or the Industrial Council. The second issue is whether or not he was an “employer”as defined in the (sic) Labour Relations Act. It is Appellant’s position that no evidence at all... More
MUZOFA, J:
The two appellants were employed on fixed term contract in different capacities by the respondent. Upon termination of their contracts a dispute arose in the computation of their terminal benefits.
The appellants referred the dispute to a labour officer and subsequently the matter went before an arbitrator. The arbitrator after considering the evidence before him, the first respondent was awarded a total sum of $718.45 and second respondent $790.93.
Both have appealed.
The grounds of appeal impugn the arbitrator’s findings in respect of cash in lieu of leave and overtime payment. More
