The applicant was employed by the respondent as an environmental health technician. He was charged with three acts of misconduct in terms of the Labour( National Employment Code of Conduct) Regulations, Statutory Instrument 15 of 2006 ( S.I. 15/06). Disciplinary proceedings were conducted against him. He was found guilty of all the three charges. He was penalized with dismissal. He appealed internally but his appeal failed. The applicant was aggrieved by the procedure adopted by the respondent in conducting the disciplinary proceedings hence this application. More
On 12 February 2025 when this matter came up for hearing as an appeal at the instance of the appellant employee against the respondent employer, parties agreed that, judgment be reserved from 24 February 2025, a date by when the appellant would have filed its supplementary heads of argument. It was also agreed to by the parties that, the bar operating against the respondent employer vis late filing of its response be uplifted and that the respondent be allowed to file its response outside the time limits set out by the rules. In the same spirit, parties agreed that the... More
This is an application for leave to appeal to the Supreme Court. On the 27 September 2013 I dismissed the appeal by the Applicant who had been challenging the Arbitrator’s finding that an employer could not extend the probation period beyond 3 months pursuant to section 12 (5) of the Labour Act. More
The Respondent was formerly employed by the Appellant as a Driver. He was dismissed from employment on 22 October 2021 following disciplinary proceedings. The charge that had been levelled was that of breach of Schedule 4;3 and 4:10 of the National Employment Council for Welfare and Educational Institutions (NECWEI) Employment Code of Conduct. More
This is an appeal against an arbitral award on quantification of damages. The arbitrator had issued an award on 20 September 2015 ordering reinstatement of the respondent failing which either party could approach the tribunal for quantification. The arbitrator quantified the damages due to the respondent basing on written submissions and oral evidence. More
