This is an application against the decision of the arbitrator who set aside the dismissal of the respondent employee on allegations of contravening the respondent Code of Conduct. In particular it was alleged that the respondent had flouted the appellant’s banking policy of banking branch money daily thus exposing the respondent’s cash to risk as it remained unbanked for periods exceeding 15 day stretches over the period in issue. More
On 30 October 2013 the court issued a rule nisi pursuant to s 24(5) of the former Constitution. The rule nisi called upon the Minister of Justice, Legal and Parliamentary Affairs (“the Minister”) to show cause, on 20 November 2013, why s 31(a)(iii) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Code) should not be declared to be ultra vires s 20(1) of the former Constitution and accordingly invalid. More
This is an appeal against a determination by an arbitrator. In order for such an appeal to be properly before the Court,issues of law only must be raised as provided for in Section 98(10) of the Labour Act [Cap 28:01] (The Act). More
The brief history of this matter is that the respondent was employed as a Senior Accounts Clerk based at Mutawatawa Depot. His duties involved overseeing the stores section at the Depot. In March 2013 the appellant received information to the effect that the respondent was selling the appellant’s diesel to the public without the appellant’s management authority. In April 2013 the respondent was charged with gross misconduct. He was found guilty and dismissed from employment with effect from 11 April 2013. More
This is an appeal against an arbitral award in favour of the Respondents. The Respondents were employed by Myramah Farming (Pvt) Ltd t/a Cottzim from September 2009 to September 2012. Respondents’ services were terminated. They approached the Labour Officer for conciliation on a dispute of unlawful termination by Cottzim. The parties reached an agreement but Appellant reneged on it. The matter was referred to arbitration. The Arbitrator put the terms of the agreement before the Labour Officer as the award. More
Appellant who was employed by respondent was dismissed on 2 September 2013 after a disciplinary hearing. The letter of dismissal advised him that if he was aggrieved by the decision of the disciplinary Committee, he may appeal in writing to the Appeals Committee through the Human Resources Office within three working days of receipt of the determination. More
