This is an appeal by the Appellant (the employer) against an arbitral award.
The background to this matter is that the Respondent stopped coming to work in October 2008. He alleges that he was ill. He only recovered in February 2009 and that is when he reported for duty. More
On the 24th June, 2014 Applicant applied to the Ministry of Public Service, Labour and Social Welfare for the issuance of a Show Cause Order seeking that pending the issuance of a disposal order, the threatened collective job action be terminated.
The parties appeared before a Labour Officer who after hearing submissions recommended to the Minister that he issues a Show Cause Order. More
At the onset of oral argument respondent raised a point in limine. Appellant opposed the same. The point is succinctly set out in respondent’s heads of argument thus,
“1. It is respectfully submitted that the appeal is not properly before this honourable court as there is no right of appeal against a draft ruling of a labour officer made in terms of section 16 of the Labour Amendment Act, 2015.” More
This is an appeal against a decision of an arbitrator. The issues for determination by the Arbitrator were:
i) Whether there was unfair dismissal
ii) Whether there was non-payment of allowance (s) overtime and terminal benefits
iii) The remedy of thereof
After considering the evidence presented, the Learned Arbitrator found that there
was no unfair dismissal but that there was non payment of allowances. More
