On 30 August 2013 the NEC for the Engineering & Iron And Steel Industry made a determination. It ordered that Appellant should reinstate Respondents’ employment. It further ordered that the matter should be reheard by a “properly composed” disciplinary committee. Appellant then appealed to this Court against the determination. Respondents opposed the appeal. The appeal raised both procedural and substantive issues. More
The brief facts of the matter are as follows. The applicant dismissed the respondent from its employ following a hearing conducted by the Regional Hearing Committee. In terms of the applicable Code the National Hearing Committee has the power to vary a decision from its lower tribunal. The National Hearing Committee exercised its discretion and varied the dismissal to a Final Written Warning. This aggrieved the applicant and it appealed to this Court on the basis that the National Hearing Committee misdirected itself by varying the sentence and that it ought not to have interfered. This Court dismissed the appeal... More
The appellant appeals to this Court against the determination made by its appellate body. In brief the respondent was dismissed by the Regional Hearing Committee following disciplinary proceedings. In terms of the applicable Code the National Hearing Committee (NHC) varied the dismissal penalty to a Final Written Warning. This aggrieved the appellant hence this appeal. More
This is an appeal against the decision of the National Hearing Committee (“N.H.C”) which set aside the dismissal penalty which had been meted out on the respondent by the Regional Hearing Committee (“R.H.C”). More
