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This is an appeal against an arbitral award made in the following terms: “1. The applicant (appellant herein) was not constructively dismissed as he voluntarily resigned. 2. The applicant’s claim is therefore dismissed for lack of merit.” The issue raised by the appellant that should be determined by this court is whether there was constructive dismissal in this case. According to the appellant the respondent bank made continued employment intolerable. More

On the 12th April 2012 the Honourable C Kabasa made an arbitration award. In terms thereof he dismissed Appellant’s claim of unfair dismissal by Respondent. Appellant then appealed to this Court. Her grounds of appeal were as follows, “The Arbitrator misdirected himself in one or all of the following points of law: 1. In failing to make a correct application of the law relating to prescription of disputes according to Section 94 of the Labour Act (Chapter 28:01) and 2. In failing to give a correct interpretation of section 14 of the Labour Act Chapter 28:01).” More

The respondent in casu argued that the application is improperly before the Court because there is no resolution filed by the applicant authorizing the deponent to the founding affidavit to file the affidavit on behalf of the applicant company. More

This is an appeal against the decision of the arbitrator. The facts are that the respondent was employed by appellant and is alleged to have resigned. Respondent alleged that he was owed arrear salaries and took his matter up with the Ministry of Labour. Conciliation failed and the matter was referred to arbitration. The arbitrator found in favour of respondent. Appellant has appealed to this Court being dissatisfied with the decision of the arbitrator. More

This an application for condonation for late noting of appeal and review of the decision leading to the appellant’s loss of her job with the respondent employer following disciplinary proceedings where she was accused of having engaged in conduct which was inconsistent with the dictates of her employment More