Justice Hove delivered judgment on 26 October 2012 in respect of the same parties. The Learned Judge set aside the previous proceedings and remitted the matter for trial de novo. The matter was re-heard and Applicant dismissed from employment. Applicant has once again approached this Court for relief alleging procedural irregularities against the Respondent. More
This is an appeal against the decision of the Managing Director. From the Managing Director the appellant appealed to the Chief Executive Officer who appointed the Human Resources officer to deal with the matter.
This court cannot deal with the decision of the Managing Director which has already been appealed against.
Furthermore when the appellant appealed to the Managing Director he was not challenging the verdict but the penalty. This penalty was confirmed by the Managing Director as well as the Human Resources Officer. The appellant cannot therefore approach this court challenging the verdict when he only challenged the penalty... More
The Appellant is appealing against the decision of the disciplinary committee. The brief facts of the matter are that the Appellant was charged for forging a National Certificate for purchasing and Supply Management which he submitted to the employer for filing and consideration. More
Appellants were employed by the Respondent on fixed term contracts which were periodically renewed. The contracts were terminated and the Designated Agent referred the matter to arbitration. The Arbitrator ruled against the Appellants stating that they were not unlawfully dismissed as their contracts had expired due to effluxion of time. Appellants have approached this Court for relief. More
At the commencement of the hearing, the Parties agreed that the Court could proceed to determine the matter on the papers filed of record as they were of the view that the issues had been sufficiently ventilated in the filed documents. The Court proceeded to determine the matter on the basis of the filed documents. More
In this matter the Appellant appealed against an arbitral award handed down on 14th of April 2014. When the parties before me on the date of hearing the Respondent took two points in limine. The court upheld both points in limine and consequently dismissed the appeal. The court indicated that the reasons were to follow. More
This is an appeal against the decision of the respondent’s appeals officer who confirmed the dismissal of the appellant employee in a case where the employee had been charged with gross incompetency and inefficiency at work. Facts of the case are that the appellant who was in the respondent’s employ was charged with gross incompetency and inefficiency in a case where he was found to be absent from his workstation for a period of time. He had however engaged a procedure called “by pass” which was a situation where he had to redirect the flow of the waste at the... More
