This is an appeal against the employer’s decision to dismiss the appellant from employment. The brief history of this matter is that the appellant was employed by the respondent as a Truck Driver Grade B4 of the Transport industry CBA S I 67/2012. He was invited to answer charges of proven theft offence section 5:1 of S I 67/2012. When the hearing was conducted he was convicted of gross negligent driving. More
This is an appeal against the discharge of the Appellant from the Civil Service following conviction for misconduct. The Appellant was employed at Belvedere Teachers’ College as a lecturer. More
The appeal is noted against the arbitral award dated 27/01/2012 directing Respondent to pay Appellant and 7 others one month salary as cash in lieu of notice.
The background facts to the matter are as follows;
The Appellant were employed by the Respondent on contracts from 18th of October, 2010. The terms and conditions of the contracts is the subject of dispute between the parties. The Appellants submit that they were on contracts without fixed duration and therefore the contracts could not be terminated on notice. In the alternative Appellants submit that even if they were on fixed term contracts... More
This is an application for condonation of late filing of an application for leave to appeal to the Supreme Court against this Court’s judgment of the 6th May, 2011. More
At the hearing of this matter I upheld the appeal with costs. The following are the reasons for that decision:
1. The sole issue before this court is whether or not the National Employment Council for the Welfare and Educational institutions Appeals Committee (“NECWEl Appeals Committee’) was correct to interfere with the penalty of dismissal imposed on the respondent by the Disciplinary Committee.
2. It is trite that an appeal court will not interfere with the exercise of discretion unless such exercise has been afflicted by a serious misdirection.
3. It has not been proved in this case that the... More
