The respondent was employed by the appellant as corporate services manager on a three year fixed term contract. Such contract was to expire on 1 December 2015 when the respondent was dismissed from employment with effect from 9 January 2014. It was found that such dismissal was unfair in an arbitral award of 12 March 2015 and reinstatement without loss of salary and benefits from date of dismissal, was ordered. In the alternative, damages in lieu of reinstatement were awarded. More
The matter was placed before me as a chamber application for leave to appeal to the Supreme Court against a judgment of this court rendered under reference LC/H/280/23 on the 22nd of September, 2023. The application which is premised on section 92F(2) of the Labour Act [Cap 28:01] as read with Rule 43 of the Labour Court rules, 2017 is opposed by the 1st Respondent. The 2nd Respondent is cited as a nominal Respondent. More
This is an appeal against an arbitral award wherein Respondent was awarded payment of cash in lieu of leave days and seven-year service gratuity.
Appellant’s grounds of appeal are that:-
1. The Arbitrator misdirected himself by not meticulously going through the documentary evidence led by Appellant, before awarding a wrong amount of cash in lieu of leave days to the Respondent such a misdirection was so outrageous in its defiance of logic or accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at such a conclusion.
2. The... More
This is a review and an appeal arising out of the decision of the National Employment Council Tobacco Industry Grievance and Disciplinary Committee (“GDC”) handed down on 19 July 2013. The GDC set aside the dismissal of the respondent imposed by the appellant’s Disciplinary Hearing Committee and confirmed by the Works Council. The GDC remitted the matter for another investigation and hearing. More
