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
This is an application by a designated agent, for the confirmation of his draft ruling. It is in terms of section 93 (5a)(a) and (b) of the Labour Act, Chapter 28:01 (the Act). The first respondent (the employer) raised two points in limine to the application. The first point is that the designated agent is not a labour officer and therefore may not apply for confirmation of his draft order in terms of section 93 of the Act. The second point is that the second respondent did not exhaust the local forum in terms of the workplace code of conduct. More
This is an application for what the applicants describe, in their Notice of Application, as:
“5. QUANTIFICATION OF APPLICANTS’ CLAIM
5.1 Payments of Terminal Benefits due and allowances and benefits to which they are duly entitled.
5.2 Payment of a termination settlement equating to thirty-six months’ salary as compensation for loss of future earnings.
5.3 Payment of punitive damages for emotional and psychological trauma and hardship suffered. More
