This is an appeal against an arbitration award.
The respondent was employed by the appellant as a Business Planning Manager. He has since been retrenched. While still in the employ of the appellant the respondent raised a complaint of alleged unfair labour practices by way of non-payment of salary arrears and other allowances.
The grievance was referred for conciliation which failed. Subsequently the matter was referred to arbitration. More
The respondent raised two preliminary points for determination before the disposal of this appeal.
It was submitted that the appellant has dirty hands and therefore is improperly before the court and that the grounds of appeal do not raise questions of law as envisaged by section 98 (10) of the Labour Act [Chapter 28:01]”the Act”. More
At the onset of oral argument in this Court Applicant raised two (2) points in limine, which 1st Respondent opposed. The Court shall deal with the points ad seriatim. More
Applicant applied to this Court for the review of his dismissal from employment by 1st Respondent. The application was made in terms of Section 89 (1) Id of the Labour Act Chapter 28:01, hereafter called the Act. 1st Respondent opposed the application. More
Respondent was employed by appellant. Following allegations of misconduct, respondent was hauled before a disciplinary committee which found him guilty and ordered his transfer and reduction in rank in that he was to go to a non-school institution. The matter ended up in arbitration. The first arbitral award was in favour of appellant. Respondent appealed to this Court and the parties appeared before Justice Musariri. At that hearing the Learned Judge made an order for the matter to be remitted to the same arbitrator. Whilst appearing before the arbitrator the parties were not agreed on the terms of reference to... More
