The background facts to this matter are that respondent was initially offered employment as a teller by appellant. He was to be employed with effect from 1STApril 2010. On the day of commencement of work, the 1STApril 2010, appellant terminated (the first termination) respondent’s employment on the allegation that he had failed to meet certain security requirements. Respondent challenged this through the Ministry of Labour on the basis that appellant had relied on incorrect information. Appellant reconsidered its position and reinstated respondent on 29THMay 2010. More
This is an appeal against the decision of the Appeals Board of the National Employment Council for the Banking Undertaking (Appeals Board). The Appeals Board set aside the dismissal of the respondent, and ordered the appellant to reinstate him without loss of pay and benefits. The appellant’s Hearing Officer had dismissed the respondent from employment after finding him guilty of misconduct. More
This is an appeal against an arbitral award which ordered appellant to pay USD 3045.82 to respondent being for cash in lieu of leave, back pay and damages for loss of employment. More
Applicant was employed by respondent on successive one month contracts for the period 9 November 2009 to 12/10. On 4 January applicant entered into an employment contract with Lorimark (Pvt) Ltd and the contract was terminated on 4 February 2011 on allegations of misconduct. Applicant alleged unfair dismissal and referred the matter for resolution. Honourable Arbitrator Matsikidze ruled that respondent was applicant’s employer, not Lorimark (Pvt) Ltd. The issue of unfair dismissal was dealt with by Honourable Arbitrator Mutsinze who ruled that at the time of the termination of contract in February 2011. Applicant’s contract was without limit of time... More
Before the matter was heard on the merits the respondent raised two preliminary points. The first preliminary point being that the appellant was improperly before the court since he did not exhaust local remedies provided for in the respondent’s Code of Conduct. The second issue being that some of the grounds of appeal are grounds for review and should be struck off. On that basis Counsel for the respondent urged the court to dismiss the appeal. The application for dismissal on the preliminary points was opposed. Counsel for the respondent’s basis of opposing the first preliminary point was that the... More
Respondent was employed by appellant for five years as an Accountant. She went on maternity leave in January 2013. During the period she was on maternity leave her salary was reduced from $700 to $450. On 6 June 2013 her employment was terminated. Aggrieved, she approached the Ministry of Labour complaining of unfair labour practice in that she was discriminated in the reduction of her salary and was not given notice prior to the termination of her employment. The matter was not settled at conciliation and was subsequently referred to arbitration. More
