This is an appeal against the decision of NEC Disciplinary Committee Motor Industry which was issued on the 27 June 2012. The NEC Disciplinary Committee ordered the appellant to reinstate the respondent without loss of salary and benefits.
The respondent had been charged with wilful disobedience to a lawful order by the employer. It was alleged that on the 23 July 2008 whilst the respondent was on duty he refused to carry out a lawful order that was give to him by the General Manager Operations Mr M Ralphs. It is alleged that in the hearing he admitted that he... More
On 13 November 2015 at the hearing of this application for condonation of the late noting of an appeal by the applicant employer against the respondents employees, parties agreed that judgment be reserved on the basis that it would be written out based on the heads of arguments and other documents filed of record. This therefore is the judgment in that matter. More
This is an application for leave to appeal a judgment of this Court, judgment number LC/H/746/13, to the Supreme Court. The Court in that judgment remitted the matter back to the applicant and ordered the applicant in the present application to record mitigation before approaching this Court. The order was made because the appeal was not properly before the Court. An adjudicating authority is enjoined by section 12 A (4) of the Labour Act [Chapter 28:01] to consider mitigation before pronouncing a penalty especially where dismissal is a possibility. In that regard therefore it would have been inappropriate for the... More
This is an appeal against a determination of the National Employment Council (NEC) for the Tobacco Industry Grievance and Disciplinary Committee.
The second and fourth respondents were employed on seasonal contracts whilst the first and third respondents were employed on permanent contracts, by the appellant. More
