This is an appeal against the decision of the Managing Director sitting as a final determining authority in terms of the Code of Conduct for the transport industry. The Managing Director found the appellant guilty of misconduct and dismissed him with effect from 3 March 2022. More
On 12th June 2012 the Honourable Y Malama made an arbitration award. She ordered Appellant to reinstate Respondent in its employment or pay him damages in lieu of reinstatement. Appellant then appealed to this Court. Respondent opposed the appeal. More
The respondent was employed by the appellant. He referred a complaint of underpayment of wages to the labour officer. The labour officer having failed to conciliate the matter referred it in terms of section 93(5) of the Labour Act [Chapter 28:01] for compulsory arbitration. The terms of reference were for the arbitrator to determine firstly, whether the respondent was being underpaid, secondly, whether, EMhere a consultant had locus standi to represent the respondent in proceedings before the arbitrator and thirdly, to establish appropriate remedy. More
