This is an appeal which was heard on 9 May 2013. Judgment was reserved on the basis that, both parties would file with the Court all the relevant papers on or before 15 July 2013. By that date the parties would also have indicated to the Court, whether or not they wished to make oral submissions on the matter. More
Appellant was a Senior Teacher based at Two Tree Hill Primary School when the allegations for which he was dismissed arose.
It was alleged that Appellant uttered vulgar words to Ellen Chamba a 9 year old grade 3 pupil to the effect that,
“mine can penetrate”, “let’s see your breasts” “you are my wife” and lets go behind the classroom to have sex”.
It was also alleged that he improperly associated with Kelly Matiga, a grade 7 girl pupil by making unbecoming utterances such as
“you are my girl” and “give me love”.
Out of the 15 allegations preferred against... More
This is an application for confirmation of a ruling made by the applicant in terms of section 93 (5 a) and (5b) of the Labour Act [Chapter 28:01] “the Act”. More
This is an appeal at the instance of the appellant school against a decision made by the arbitrator in favour of the respondent employee.
The background to the matter is that the respondent who was in the appellant’s employ as a clerk-typist was dismissed from employment following disciplinary proceedings for acts of misconduct. Her matter eventually landed at arbitration where the arbitrator set aside the dismissal and reinstated her as well as ordered that she be paid what she was being underpaid in terms of the industry salary and benefits stipulates. Appellant was aggrieved by the arbitral award and thus... More
This is an appeal from the arbitral award of Honourable Nhongo. The facts are that appellant and respondent were embroiled in a labour dispute over the non-remittal of union dues to the respondent. The matter went before the Designated Agent of the respective Employment Council. The matter was later referred to the arbitrator who found in favour of the respondent. The appellant is dissatisfied with this ruling and has approached this court for relief. More
This appeal proceeded in terms of Rule 22 of this Court’s Rules Statutory Instrument 59 of 2006 after the Court found that Respondent had not shown good cause why he did not file his response to the appeal as required in Rule 15.
This is an appeal against an arbitral award issued against Appellant wherein it was ordered to reinstate Respondent with effect from 7th December, 2013 or pay him damages if reinstatement was no longer possible. More
