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
This is an appeal against a decision from the respondent’s Disciplinary Authority(DA).
Mr Mareya, the Appellant was employed by the Respondent as its General Manager, Projects. He was dismissed from employment following disciplinary proceedings on two counts of violating section 4 (a) of the National Code of Conduct S. I 15/2006 as read with sections 14 and 45 of the Public Finance Management Act, [Chapter 22:19] [P.F.M.A.]. Aggrieved by that decision, he appeals on the following grounds and I quote: More
This is an appeal against an award by a labour officer. Before the appeal could be heard two preliminary points were taken on behalf of the respondent. These are that: (i) the appellants have not complied with Rule 11A of the Rules of this Court; and (ii) the prayer is defective. More
