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The respondent raised two preliminary points for determination before the disposal of this appeal. It was submitted that the appellant has dirty hands and therefore is improperly before the court and that the grounds of appeal do not raise questions of law as envisaged by section 98 (10) of the Labour Act [Chapter 28:01]”the Act”. More

Respondent was employed by appellant. Following allegations of misconduct, respondent was hauled before a disciplinary committee which found him guilty and ordered his transfer and reduction in rank in that he was to go to a non-school institution. The matter ended up in arbitration. The first arbitral award was in favour of appellant. Respondent appealed to this Court and the parties appeared before Justice Musariri. At that hearing the Learned Judge made an order for the matter to be remitted to the same arbitrator. Whilst appearing before the arbitrator the parties were not agreed on the terms of reference to... More

At the hearing of this matter respondent raised points in limine which are the subject of this judgment. More

This is an appeal against an arbitral award. The respondent was employed by the appellant in the capacity of finance manager with effect from 2004. During the course of employment, some contractual benefits were allegedly not paid from as far back as 2006. The respondent lodged a complaint claiming his outstanding salaries and benefits in or about June 2015. When the matter remained unresolved at conciliation, it was referred to arbitration. More

Three points in limine were raised by Respondent challenging Appellant’s grounds of appeal. These were that:- - The grounds of appeal 1, 2 and 3 are not properly before the Court as they are all on questions of fact. - In the grounds of appeal, the parties are not properly set out. - Appellant has approached the Court with dirty hands, as it did not comply with the directive given by the Arbitrator to the effect that he was to proceed with the matter on the merits. More

On 12 March 2015 respondent’s Acting General Manager (AGM) dismissed appellant’s appeal against her dismissal from employment. Appellant then appealed to this court against the decision. Respondent opposed the appeal. More

At the onset of oral argument, Respondent raised 2 points in limine. More