This appeal centres mainly on the issue whether the Arbitrator was correct in holding that the Labour Officer and consequently the Arbitrator had jurisdiction to hear and determine this matter.
Appellant’s case on the one hand was that the dispute between it and Respondent was a commercial one over which the Labour Officer had no jurisdiction whilst Respondent’s case on the other hand was that the dispute was a labour dispute over which the Labour Officer had jurisdiction. More
Respondent was in the employ of the appellant. Respondent was caught sleeping on duty and cautioned by appellant’s senior employee. He was caught in the act again on the same day and was hauled before a disciplinary committee which recommended his dismissal. The internal appeals authority upheld the penalty and the matter finally ended up with the arbitrator. The arbitrator was of the view that the penalty of dismissal was too harsh and substituted it with a Final Written Warning valid for twelve (12) months. Respondent was to be reinstated without loss of pay and benefits. Appellant is dissatisfied with... More
Respondents were employed in various capacities by Appellant on fixed term contracts. The contracts were periodically renewed until 29 October 2013. The number of times the contracts were renewed is not the same for the Respondents as they were engaged on different dates. When the contracts expired on 29 October 2013 they were not reviewed. Respondents approached the Ministry of Labour claiming legitimate expectation for the renewal of the said fixed term contracts of employment. More
This is an appeal against the decision of the Employment Council for the Chemicals and Fertilisers Manufacturing Industry (NEC) Appeals Committee, which upheld the dismissal of Appellant from Respondent’s employment after he was found guilty of misconduct in terms of the applicable NEC Code of Conduct. More
On 8 October 2009 the parties appeared before Honourable G Mhuri on appeal wherein the appellant was raising procedural irregularities and substantive issues. More