This is an application for the rescission of a default judgment granted by this court on 26 March 2014 when the applicant allegedly defaulted court when her appeal against her dismissal from employment had been set down for hearing. More
This is an appeal against an arbitral award made in the following terms:
“1. The applicant (appellant herein) was not constructively dismissed as he voluntarily resigned.
2. The applicant’s claim is therefore dismissed for lack of merit.”
The issue raised by the appellant that should be determined by this court is whether there was constructive dismissal in this case.
According to the appellant the respondent bank made continued employment intolerable. More
On the 12th April 2012 the Honourable C Kabasa made an arbitration award. In terms thereof he dismissed Appellant’s claim of unfair dismissal by Respondent. Appellant then appealed to this Court. Her grounds of appeal were as follows,
“The Arbitrator misdirected himself in one or all of the following points of law:
1. In failing to make a correct application of the law relating to prescription of disputes according to Section 94 of the Labour Act (Chapter 28:01) and
2. In failing to give a correct interpretation of section 14 of the Labour Act Chapter 28:01).” More
The respondent in casu argued that the application is improperly before the Court because there is no resolution filed by the applicant authorizing the deponent to the founding affidavit to file the affidavit on behalf of the applicant company. More
