This is an appeal and cross appeal against the quantum of damages in lieu of reinstatement awarded to the Respondent (Jonathan) by the Arbitrator.
The salient facts are as follows, Jonathan was employed by the Appellant (UDCORP) as a Manager in the Department of Development and Technical Services. He was charged and dismissed on charges of misconduct. He referred the matter to a Labour Officer for conciliation which failed. The matter was thereafter referred for compulsory arbitration. The Arbitrator made a finding that Jonathan had been unfairly dismissed More
This is an appeal against the decision of an arbitrator wherein the Arbitrator set aside the employer’s decision to dismiss the respondent and made an award ordering the respondent’s reinstatement with an alternative of an award for damages should reinstatement be no longer possible. More
This is an application for quantification of damages due to the applicant employee from the respondent employer.
The rest of the issues in this matter are common cause if regard is had to the oral submissions made by the parties on the hearing date. In summary form parties are agreed on the rest of the quantification figures and the law giving rise to these. The only divergence is where applicant claim 18 months damages and the respondent offers 5 months instead. It is only this aspect which is addressed by this judgment.
Applicant claims 18 months damages citing the fact... More