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
This is an application for quantification of damages. This Court, in an Order dated 23 May 2022, determined that Applicant be reinstated into her former position without loss of salary and benefits. Respondents declined to reinstate her. Hence the present application. More
This is an application for condonation of late noting of an appeal against the decision of the works council at the applicant’s workplace. The applicant also seeks leave to appeal against that decision of the works council to this Court. More
The background to the matter is that the employee filed with the court an application for condonation of late filing of a review application in a labour dispute pitting the employee and the employer. On the date of the hearing of the condonation application the employer took 3 points in limine to the effect that the employee had attached an irregular draft notice of review since it was unsigned that the employee had prayed for irregular relief by not praying for an alternative of damages in place of reinstatement and finally that the employee’s matter had prescribed as it was... More
Appellant was employed by the respondent. It is alleged by appellant that he was initially employed on probation for a period of three months with an understanding from the respondent that he would be employed on a permanent basis on expiry of this period. This did not materialise and appellant signed two further fixed term contracts on the understanding that these periods would be taken into account when the employment contract was eventually finalised. Appellant alleges that he thereafter left employment in September 2011. The dispute was subsequently referred to arbitration. The Arbitrator found in favour of respondent. Appellant has... More
