This is an appeal against the decision of the respondent to discharge appellant from service following conviction for misconduct. Appellant was a nurse aid at Karoi Hospital. He was charged and convicted of improper or discourteous behaviour including sexual harassment. He was also charged and convicted of committing an act or omission inconsistent or prejudicial to the discharge of official duties. The Disciplinary Committee recommended his dismissal. The Disciplinary Authority agreed with the recommendation and discharged him from service. Appellant subsequently appealed to the respondent which appeal was not successful. Appellant then appealed to this Court on 16 October 2012... More
This is an application for review brought by a losing employee in a matter that was before a Labour officer in terms of section 93 (5a) and (5b) of the Labour Act Chapter 28:01 (the Act). The application is in terms of section 92EE (C) of the Act as amended by Act No.5 of 2015. Section 92EE (C) says that one of the grounds for review before the Labour Court is“gross irregularity in the proceedings or the decision of the arbitrator or adjudicating authority concerned.” More
This is an appeal against the decision of the respondent employer’s appeals committee which upheld the guilty verdict and the dismissal penalty which was meted out on the appellant by the disciplinary committee following allegations of fraud in breach of SI 124/23. More
This is an application for review of the decision by the Respondent to dismiss the applicant on charges of contravening its Code of conduct. Applicant is said to have conducted himself in a disorderly manner and deliberately refused to carry out an order in circumstances where he was held to be insubordinate.
The facts of the case are as follows:
On 21 June 2012 Applicant was served with a notification to attend a Disciplinary Hearing. On the same day when he appeared before the Committee he was advised that his charges were that he had participated in a work stoppage... More
This is an appeal against the appellant’s dismissal from respondent’s employ. The following are the grounds of appeal and I quote:
‘1. The appeals authority erred at law in making a finding that the Appellant was guilty of failing to obey an order on the 8th November 2021 when allegations against the appellant on the first charge was that Appellant disobeyed an order issued on the 29th October 2021.
2. The appeals authority erred at law in failing to make a finding that the charge of willful disobedience to a lawful order was unsustainable to the extent the Appellant had... More
