This is an appeal from an arbitral award. The arbitrator ordered that the respondent be reinstated without loss of salary and benefits or payment of damages in the alternative. More
The respondent was employed by the appellant. Allegations of misconduct were raised against him, he was charged and found guilty and dismissed.
After his dismissal, a dispute arose as to the terminal benefits he was entitled to. The matter was referred for arbitration and the arbitrator found that gratuity was payable as part of his terminal benefits. This aggrieved the appellant who then brought these current appeal proceedings. More
At the onset of oral argument respondent raised a point in limine. Appellant opposed the same. The point is succinctly set out in respondent’s heads of argument thus,
“1. It is respectfully submitted that the appeal is not properly before this honourable court as there is no right of appeal against a draft ruling of a labour officer made in terms of section 16 of the Labour Amendment Act, 2015.” More
This is an appeal against a decision of an arbitrator. The issues for determination by the Arbitrator were:
i) Whether there was unfair dismissal
ii) Whether there was non-payment of allowance (s) overtime and terminal benefits
iii) The remedy of thereof
After considering the evidence presented, the Learned Arbitrator found that there
was no unfair dismissal but that there was non payment of allowances. More
The history of this matter is that on 12 June 2015 Mrs Justice KUDYA struck off the roll on application for condonation of the late noting of an appeal by the applicants under Case No LC/H/APP/1008/14. The application for condonation was struck off because the applicants had filed the application for condonation of the late noting of appeal whilst there was pending application to amend that appeal. This application to amend the appeal has since been withdrawn as shown by Annexture “C”. The applicants have now brought this application for reinstatement of application for condonation for late noting of appeal. More
This is an application for review of the determination by the Retrenchment Board dated 13 October 2015. The Retrenchment Board in its determination stated that
“Kindly be advised that the Retrenchment Board has no jurisdiction over disputes arising from terms and conditions of employment.
Please refer the matter to a labour officer as per Section 93 of the Labour Act [Chapter 28:01]” More
This is an appeal against the decision of honourable arbitrator P Chirongoma dated 4 December 2015. The arbitrator in this award turned down the claim for non-payment of terminal benefits for lack of merit. More
