This is an appeal against the decision of the 1st respondent’s Disciplinary Authority.
In its notice of response to the appeal, 1st respondent raised and persisted with a preliminary point to the effect that 1st respondentwas improperly cited. The Minister and not the Ministry should have been cited as required under Section 3 of the State Liabilities Act [Chapter 8:14]. By citing the Ministry, appellant made a fundamental error which cannot be remedied. The Ministry is too broad which makes it impossible to be sued, so argued the respondent. More
This is a consolidated appeal of LC/H/293/2012 and LC/H/296/2012 against the decisions of the respondent works council appeal body which confirmed the appellants’ dismissal in cases where the appellants allegedly stole eleven layer boards in contravention of the respondent Code of Conduct.
Facts of the case are that the appellants who were in the respondent’s employ as loader and truck assistant respectively were on 4 December 2011 charged with the responsibility of loading a beverage truck destined for Nyameni. When the truck which they had loaded was intercepted by the respondent’s other employees it was discovered that eleven extra boards... More
This is an appeal against the arbitral award by Honourable G Kwaramba that was handed down on 12 December 2014. The award is couched as follows
“Wherefore after going through submissions filed of record by parties, the claimant’s case is do and hereby considered regarding overtime. The respondent is ordered to negotiate overtime within 7 days with the claimants, failure of which either party to approach this tribunal for quantification.”
The brief facts of the matter are that the contracts of termination of employment filed of record indicate that the respondents were employed as security guards by CCC. More
This is an application for the confirmation of a ruling by the applicant in terms of Section 93 (5a) of the Labour Act [Chapter 28:01] as amended. The application was set down for hearing on 27 October 2016 at 0900 hours. On the day of the hearing only Counsel for Applicant and 2nd Respondent turned up. Having perused the application, I decided to dispose of the matter on the record as some procedural issues arise. More
This is an appeal against the decision of the arbitrator who upheld the now Respondent’s claim of unfair dismissal by the Appellant Company.
The facts of the matter are that: The Respondent who had been in Appellant’s employ approached the labour officers with his claim of unfair dismissal by the Appellant Company, which matter ended up at arbitration. More