Respondent having failed to show good cause why it did not comply with Rule 15 (2) (b) of this Court’s Rules Statutory Instrument 59 of 2006, this matter proceeded in terms of Rule 22(b) (i).
On the issue of the legal persona of the other Appellants as cited on the notice of appeal, Appellants’ representative could not make any meaningful submission indicating that the Court should make the decision on it. More
This is an application for rescission of judgment.
On the 11 March 2014 the hearing of an application for interim relief was set down for hearing at 0900 hours before Musariri J. Both parties had been duly advised of the date of set down and proof of service was on file. Applicant was in default and the application for interim relief was dismissed for want of prosecution. It is that order that is sought to be rescinded through this application. More
Appellant was employed by the Respondent as a Human Resources Officer. He was charged with “Falsification of records or any document whether of a personal nature or otherwise.” The Hearing Officer found him guilty and recommended his dismissal. He appealed to the Grievance and Disciplinary Committee which was deadlocked as to what penalty to impose on the Appellant. The matter was referred to NEC Appeals Board which recommended his dismissal. Appellant is not satisfied with the decision of the NEC Appeals Board and has approached this Court. More
This is an appeal against the decision of the Managing Director of the Respondent to uphold the decision of the disciplinary committee.
Appellant was employed by the Respondent as a driver. On 9 December 2013 Appellant is alleged to have sent two security guards to go and look for a buyer of fuel. It is alleged the two went and came back with Mr.TendaiGutsa in his vehicle. It is also alleged that they drove into the depot and were noticed by private investigators. The private investigators closed the gate. Mr.Gutsa tried to drive out but was blocked. The private investigators... More
On 23rd September 2010 the Honourable C. Kabasa made an arbitration award. In terms thereof he dismissed Appellant’s claims (save for a gratuity) against Respondent. Appellant then appealed to this Court against the award.
Appellant’s case was captured in the award under the sub-title “submissions.” It was a claim for reinstatement with effect from 31 October 2008. In addition he sought back-pay and benefits. Respondent countered that Appellant left his employ for a better paying job in Sudan. Upon his return, Appellant sought employment from them but none was available. The arbitrator’s analysis appears under the sub-title “Observation”. The gist... More
The appellant was employed by respondent as a Lecturer at Belvedere Technical Teachers’ College. Following allegations that appellant conducted income generating projects using respondent’s resources but failed to account for the money he received, he was charged on five (5) counts. Three of the charges related to the income generating projects, the fourth charge was for using an unofficial receipt book to receipt the money he received and the fifth charge was for receiving the said money when it was not in line with his duties as a lecturer. He was found liable and dismissed. More
The appellant was employed as a Senior Accountant in the Department of Research and Specialist Services under Ministry of Agriculture, Mechanisation Irrigation Development. He was initially discharged from service in March 2009 following a disciplinary hearing. After an appeal to the Labour Court the decision of Public Service Commission was set aside. The respondent was directed to reinstate appellant and conduct a re-hearing. He was on 26 March 2012 again discharged from service after he was found guilty of an act of misconduct in terms of section 44 (2) (a) of the Public Service Regulations 2000 as read with paragraphs... More
