This is an application for quantification of damages awarded to the applicant. Applicant had been dismissed from employment on 11 April 2014 following a disciplinary hearing on misconduct. After the dismissal applicant appealed to the Appeals Officer and the appeal was dismissed. Applicant further appealed to the National Employment Council for the Chemicals and Fertilizers Manufacturing Industry (NEC). The NEC Appeals Committee upheld the appeal and ordered respondent to reinstate applicant without loss of wages and benefits from the date of dismissal. In the alternative parties were to negotiate damages in lieu of reinstatement. In the event of failure to... More
The judgement was prepared in 2017. It was not handed down. I extend my sincere apologies to the parties for the delay. This is an appeal against on arbitral award handed down by Honourable S. Mugumbi on the 3rd of December, 2015. The operative part of which reads as follows;
“I therefore accordingly, dismiss the claims in toto. All claims must fail.
This will be my award”
The material background facts are as follows;
The Appellants were all employed by the Respondent in various capacities. They were all engaged on the basis of open-ended contracts i.e. contracts without the limit... More
The charges for which Appellant was found guilty and dismissed from Respondent’s employ were:
- Any act or conduct or omission inconsistent with express or implied conditions of the employee’s contract.
- Being dishonest in the performance of normal duties. More
The matter was placed before me as an application for condonation for late filing of an application for review against the Respondent’s Hearing Officer’s determination handed down on 16th October, 2018. The application is premised on Rule 22 as read with Rule 20 of the Labour Court Rules, Statutory Instrument of 2017. The application is opposed. More
This is an application for a review of the decision of the Respondent’s Disciplinary Committee which found Applicant guilty of contravening the National Code of conduct SI 15 /06 and subsequently dismissed her.
Applicant was suspended and charged on 26 November 2012 with theft or fraud, alternatively, conduct which is inconsistent with one’s conditions of contract in contravention of the National Code of Conduct. She was brought before a Disciplinary Committee which deliberated on her matter and found her guilty of the misconduct complained of. More
