This is an application for leave to appeal to the Supreme Court in terms of section 92 F of the Labour Act, (Chapter 28:01).At the commencement of the hearing, Mr. Mudzuri raised a preliminary point to the effect that the deponent to Applicant’s Founding Affidavit did not have authority to do so. He stated that council business is conducted through resolutions and in the present matter, there was no evidence that Applicant has issued such resolution delegating its powers to the deponent to ‘speak’ on its behalf. He relied on the Opposing Affidavit filed of record. More
This is an appeal against the decision of the arbitrator. The arbitrator had presided over the issue of who was the respondent’s employer between the Rural District Council and the Ministry of Health and consequently who was responsible for the unfair dismissal of the respondent. That the respondent was unfairly dismissed was not an issue. The arbitrator’s decision was based on written submissions by the parties wherein both parties clearly show that the issue for determination was to determine who the employer was at the time of termination of the contract of employment. More
Appellant was a Senior Teacher based at Two Tree Hill Primary School when the allegations for which he was dismissed arose.
It was alleged that Appellant uttered vulgar words to Ellen Chamba a 9 year old grade 3 pupil to the effect that,
“mine can penetrate”, “let’s see your breasts” “you are my wife” and lets go behind the classroom to have sex”.
It was also alleged that he improperly associated with Kelly Matiga, a grade 7 girl pupil by making unbecoming utterances such as
“you are my girl” and “give me love”.
Out of the 15 allegations preferred against... More
This is an application for confirmation of a ruling made by the applicant in terms of section 93 (5 a) and (5b) of the Labour Act [Chapter 28:01] “the Act”. More
This is an appeal at the instance of the appellant school against a decision made by the arbitrator in favour of the respondent employee.
The background to the matter is that the respondent who was in the appellant’s employ as a clerk-typist was dismissed from employment following disciplinary proceedings for acts of misconduct. Her matter eventually landed at arbitration where the arbitrator set aside the dismissal and reinstated her as well as ordered that she be paid what she was being underpaid in terms of the industry salary and benefits stipulates. Appellant was aggrieved by the arbitral award and thus... More
