In this appeal both parties raised points in limine. The parties had suggested that they could argue the points in limine as well as the merits. I objected to that and pointed out that the law requires that points in limine be disposed of first or else what is the point in raising them. Theparties’ suggestion was probably in keeping with the apparent lack of seriousness in the way these points in limine were dealt with in arguments as well as the lethargic manner in attempting to bring closure to this case.
The present appeal arose from a hearing following... More
This is an application for consolidation of LC/H/923/15 and LC/H/875/14 the 2 being appeals made against the respondent employer where in one case the employee was dismissed from work and the other was given a final warning following allegations of breaching the employment Code of Conduct.
The argument advanced for consolidation is that the witnesses who were used on the matters were the same and that the same set of facts is what birthed the allegation faced by the employees.
Consolidation is opposed on the basis that it serves no meaningful purpose since at the shop floor level the matters... More
The applicant was employed by the Respondent when allegations for alleged acts of misconduct were brought against him.
The employer had alleged that the applicant had endorsed wrong figures to reflect stocks brought back by the driver when the actual stock was less. The figures were shown, after a physical countto be less than what the applicant had endorsed. The applicant was found guilty and dismissed. The Works Council upheld the dismissal. More
In this appeal the appellant was dismissed from the respondent’s employ following disciplinary proceedings. He was aggrieved by the dismissal. He appeals to this court on the ground that:
“The Board misdirected itself in holding that the appellant was responsible for the acts stated in the charge sheet.”
The charge sheet referred in the ground of appeal does not form part of the record of proceedings. The respondent’s legal practitioner was not able to supply the charge sheet in question. However, paragraph 2.0 of minutes of the hearing held on 26 and 29 October details the charges which the appellant... More
Respondent worked for Appellant. He was guilty of misconduct. He was dismissed from employment. In due course he appealed to the NEC for the Clothing Industry. Through a letter dated 29th August 2011 the NEC relayed its determination. In terms thereof the NEC remitted the matter to Appellant for a fresh hearing. Appellant was aggrieved by the turn of events. It appealed to this Court against the NEC’s determination. More
