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In casu, Applicant is challenging this Court’s factual findings. The factual findings complained of are they so irrational, so outrageous in their defiance of logic or acceptable morale standards to warrant interference by the Appellate court? More
The two cases were heard together because they raised the same constitutional questions for determination. The cases are about the constitutionality of the provisions of the Broadcasting Services Act [Cap. 12:06] (“the Act”) on funding for the provision of public broadcasting services. More
This is an appeal against a determination of the General Manager who sat as an appeals authority. The general manager confirmed the determination of the disciplinary hearing committee which found the appellant guilty of gross negligence and ordered his dismissal. More
MUCHAWA, J:
This is an appeal against on arbitral award which ordered appellant to pay respondent $3 082.35 in underpaid wages, unpaid wages, cash in lieu of leave and housing allowance.
It is common cause that respondent was employed as a conductor in February 2010 at a wage of USD120. This was a verbal contract which was terminated in December 2010 on account of what one party calls a misconduct and the other a misunderstanding. It is agreed that in February 2011 respondent was reengaged on the same salary of USD120. Whereas appellant claims that respondent was reengaged in the... More
This is an application for quantification of damages.
The 18 applicants are former employees of the respondent who were all employed as watchmen. They were dismissed on allegations of misconduct. That matter ended up at arbitration and the arbitrator set aside the disciplinary committee decision. More
This is an application for interim relief made in terms of section 92 E (3) of the Labour Act. It is sought that execution of the decision of the National Employment Council for the Welfare and Educational Institutions (NECWEI) Appeals Committee be stayed pending the determination of an application for condonation of late noting of review. More
On 28th April 2015 the appellant filed an appeal in this Court. On 13th May 2015 the respondent filed a Response. The grounds of appeal were written in long hand as follows:
“Unfair treatment, unfair allegations resulting in an unfair dismissal from unfounded allegations.”
The terse grounds of appeal provoked a robust response by the respondent thus;
“In LimineGeneral Overview
There is no appeal before the Honourable Court. The general statements presented in the notice of appeal are broad and far reaching and, crucially, do not satisfy the legal test for grounds of appeal at law. They do not show... More
