This is an application for rescission of judgment.
On the 21st May 2015, the applicants filed an appeal with this court against a determination of an arbitrator from the National Employment Council for Food and Allied Industries. They were represented by Messrs Maeresera and Partners Legal Practitioners. More
This is an appeal against the respondent’s employer’s decision which resulted in appellant losing her job following allegations that she had performed her duties below what was expected of her by letting 10 000 pens leave dispatch without proper invoicing and 40 rulers also leaving without proper invoicing. The appellant’s contest is on 2 fronts that is she contests the guilty verdict and she also contests the dismissal penalty. More
At the close of submissions, I dismissed the application stating that the reasons would follow. The following are the reasons. Applicant employed respondent who alleged that he had been underpaid and brought the matter before an arbitrator. The arbitrator found in favour of respondent and applicant appealed against the decision. However, the matter was to suffer many false starts as the then legal practitioners withdrew the appeal. Respondent approached the arbitrator for quantification which was granted. Applicant was dissatisfied with the judgment of the arbitrator and approached this Court for relief. Maxwell J heard the matter and judgment was handed... More
Respondent was employed by Appellant and the contract of employment was terminated. Thereafter Respondent approached a Designated Agent alleging underpayment of wages and terminal benefits. Conciliation failed and the matter was referred to arbitration. More
The issues that fall for determination in this case were two and these were:
1. Whether or not the arbitrator had jurisdiction to deal with the dispute. The dispute being whether or not the National Employment Council for the welfare and educational institutions (NECWEI) had jurisdiction over the matter; and
2. To determine whether or not the applicants were being underpaid from July 2013 to date. More
