This is an application for a review of disciplinary proceedings held by the respondent’s Disciplinary Authority. The Disciplinary Authority sat to inquire into misconduct allegations levelled against the applicant. The disciplinary hearing did not go into the merits of the matter. The applicant raised preliminary issues relating to the procedural fairness of the disciplinary proceedings, such as the composition of the disciplinary panel. More
With due respect the grounds given were rather terse. At best they are ambiguous. They do not specify which points the appeal raises or the exact findings which are impugned. I consider the grounds as void because they do not raise points of law. In terms of section 98 (10) of the Labour Act Chapter 48:10 (hereafter called the Act) an appeal against an arbitration award must raise points of law and not fact. More
This is an appeal against the decision of the respondent’s disciplinary authority which found the employee appellant guilty of improperly associating with a school child and penalised him with dismissal. More
The facts are common cause and are briefly that the application was employed by the respondent as a sales consultant. He was charged with acts of misconduct in terms of Section 4 (a) of the Labour (National Employment Code of Conduct) regulations, 2006 (SI 15/06) (National Code). It was alleged that on 29 August 2022 and 1st September 2022 the applicant had allegedly accessed a customer’s call data and shared same with the customer’s husband without getting permission from the customer. It was alleged further that on 29 August 2022, applicant had sent a WhatsApp message in a work group... More
This is an application for condonation for the late filing of an application for review. The application is opposed. At the hearing of the application, a preliminary point was raised by the respondent. The respondent argued that the applicant had failed to comply with the provisions of Rule 11 A (4) of the Labour Court Rules, 2017 (as amended) (the Rules). More
