This is an appeal against a determination by honourable Mambara J dated 30 September 2013. The Arbitrator ordered the reinstatement of Respondent without loss of salary and benefits. If reinstatement is no longer an option damages in lieu of reinstatement were to be paid. The parties were to agree on the quantum failing which either party may approach the tribunal for quantification. Each party was to pay 50% of the arbitration costs. More
Appellant appealed to this Court against his dismissal from employment by Respondent. On the date of hearing of the appeal Respondent defaulted. However its case is set out in their Response filed of record. Ordinarily I would have granted the appeal by reason of Respondent’s default. However the record shows that the appeal is devoid of merit.Why?
Appellant worked for Respondent as a Bus Inspector. He was charged with misconduct. A hearing was held. The minutes thereof are filed of record. More
The brief factual background is that the applicant on 6 November, 2013 appeared before a disciplinary committee to answer a charge of failure to follow a lawful instruction issued by his supervisor. He was found guilty and a penalty of dismissal was consequently imposed. On 26 November, 2013 he appealed under the provisions of the relevant code of conduct to the Managing Director. The Managing Director in his determination upheld the decision of the Disciplinary Committee. The next level of appeal under the code was the NEC Appeals Committee. On 21 January 2013 the applicant noted an appeal to that... More
Appellant appealed to this Court against an arbitration award made in favour of respondent. The award dismissed appellant’s claim of unfair dismissal by respondent. The basis of the award was that respondent, having alienated its business to a third party, appellant had used the wrong party. Appellant’s case was that there was no transfer of an undertaking. More
This is an appeal against an arbitral award which found in favour of the respondent.
Appellant was employed by the respondent as a gardener since 2003 and was staying at respondent’s premises until November 2012. It was agreed that appellant had last been paid a salary some time in 2005. What was disputed was whether the employment relationship had ceased in 2005. (as alleged by respondent) or in 2012 (as alleged by appellant). The arbitrator found that the employer – employee relationship had ceased in 2005 and that any issue of unlawful dismissal and unpaid wages had consequently fallen away... More
This is a matter in which the respondent was employed by the appellant. In terms of the contract binding the two parties, during the probation period either party could give two weeks’ notice of termination of the contract. At the end of the probation period of three months, the appellant did not confirm the respondent as a permanent employee. In a letter dated 28 April 2011 the appellant gave the respondent two weeks’ notice to terminate the employment as required by the contract. This is also in keeping with the provisions of Section 12 (4) (d) of the Labour Act... More
