1.This is an opposed appeal against the decision of an Arbitrator. The grounds of appeal are that;
“1. The Hon Arbitrator erred at law and grossly misdirected himself
in finding without legal basis that the Respondents had a reasonable and legitimate expectation to be re-engaged. More
The appellant was employed by the 1st respondent as an accountant in the Ministry of Lands, Agriculture, Water, Climate and Rural Resettlement. On 26 June 2018 the appellant was arraigned before a disciplinary committee to answer to allegations of misconduct. More
The procedural issues concern the decision made by the Human Resources Manager rather than the Managing Director. They also challenge the charges of misconduct on the basis that the charge was exaggerated and that the complainant was reluctant to press the charges. These complaints concern matters of procedure that is the disciplinary process. They do not deal with the merits of the decision made. Accordingly they ought to be raised by way of review rather than appeal, Section 89 (1)(d1) of the Labour Act Chapter 28:01 gives this Court powers of review in labour matters. Litigants keep overlooking this section... More
This is an application by the applicants seeking condonation of late noting of an application for recession of court order number LC/H/ORD/98/15.
The applicants in their draft order however seek not only the setting aside of LC/H/ORD/98/15 but also the setting aside of a judgment in case number LC/H/28/2017 and awards by arbitrators who had also dealt with the matter before it was placed before the Labour Court. More
