The brief history of this matter is that the Appellant was employed by the Respondent was voluntarily retrenched. She signed for the package in 2010. On the 8th of November 2012 she then raised a complaint with the Provincial Labour Officer stating that the Respondent owed her some money as there were several discrepancies’ in the retrenchment payments. The matter was referred for arbitration to Honourable C.H. Mucheche who handed down the following award on the 21st of February 2013. More
This is an appeal against the decision of the Health Service Commission where it upheld the appellant employee’s guilty verdict and dismissal penalty meted out by the disciplinary authority. More
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
