This is an appeal against an arbitration award. The terms of reference to the Arbitrator were whether:-
- the Appellant’s dismissal was unlawful
and
- the employer calculated the leave days wrongly
After considering Section 12 B(3)(b) of the Labour Act (CAP 28:01) and the parties contract of employment, the Arbitrator made the conclusion that Appellant’s claim was without merit. The findings were that:-
(i) the Appellant’s contract of employment clearly spelt out that at the end of the contract no expectation of re-engagement was to be made.
(ii) the Appellant did not state exactly who was engaged in his... More
This judgment is to decide on a point in limine raised by the respondents in an appeal which was filed by the appellant against the respondent employees. The point in limine raised is that, the arbitral award granted in favour of the respondent employees is not suspended by the noting of the appeal which was done by the appellant. More
This is an appeal against the decision of the arbitrator. The facts in this matter are largely common cause. Respondent was employed by the appellant as Principal of its school. Appellant proceeded to unilaterally reduce respondent’s salary by about 50%. Respondent took this matter up with appellant and stated in a letter addressed to appellant that if the matter was not amicably resolved as proposed in the letter she would proceed to resign from employment. The matter remained unresolved and respondent left appellant’s employment and took the matter up for conciliation. The matter was referred to arbitration and the arbitrator... More
Applicant employed Respondent at its Legacy International School as an Administrator. For reasons not disclosed to this Court, Respondent tendered her resignation on 1 February 2013. Respondent indicated in that letter that she would take her three (3) months’ leave during the resignation period. On 13 February 2013 Applicant and Respondent made an Agreement on the termination of Respondent’s services. More
The appeal was noted against an arbitral award handed down by the Honourable C. Mucheche dated 23rd November, 2009
The background factsto the matter are as follows;
The Respondent was employed by the Appellant as its Legal Publishing Unit Manager. On the 29th of October, 2008 he was suspended by Appellant on a variety of allegations. He appeared before a Disciplinary Committee on the 17th and 18th of that 2008 facing the following charges;
(i) Any act of conduct or omission inconsistent with the fulfillment of the express or implied conditions of his contract;
(ii) Willful disobedience to a lawful... More
