This is an application for review at the instance of the applicant bank. At the onset of the matter the parties agreed by consent that all the preliminary points bedevilling the matter be abandoned so that the matter could be dealt with on the merit. This judgement therefore only concerns itself with the merits of the matter. Two issues were raised by the review. Firstly applicant says that the Designated Agent did not have jurisdiction to deal with the matter since there were internal remedies which the employee could use to have his grievances addressed. Secondly applicant says that the... More
This is an appeal against an arbitral award which ordered appellant to pay USD 3045.82 to respondent being for cash in lieu of leave, back pay and damages for loss of employment. More
This is an appeal against the decision of the appeals officer where he upheld the guilty verdict and dismissal penalty meted on appellant following allegations of conduct inconsistent with conditions of his contract in violation of section 4(a) of the Model Code. More
The background facts which are common cause are as follows;
The Appellant was employed by the Respondent as its Distribution Supervisor. He was given leave of absence to attend a training session from the 18th to the 21st of January, 2011. On the 21st of January of 2011 the training ended earlier around 1100hours. After training the Appellant went to his department and advised his subordinates to plan for the weekend programme. During his absence his subordinates stole 608 cases of Mazoe Orange Crush valued at US$9 093, 89. The Appellant was suspended from employment. More
This matter was set down as an appeal against the arbitrator’s decision where he ruled on the point in limineraised in the arbitral proceedings that the employees had pursued multiple legal proceedings hence the claim they had brought before the arbitrator could not be entertained by the arbitrator. More
