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The Court of Appeal upheld termination for dishonesty after the employee falsely reported his mother's death to seek condolence payment. The appeal was dismissed.
The High Court upheld a CMA decision finding that the applicant’s dismissal for gross dishonesty was substantively and procedurally fair and dismissed the revision.
The High Court upheld a CMA award in a labour revision, finding the termination substantively justified for absenteeism, but noting procedural non-compliance under the Code of Good Practice.
The High Court upheld a labour award finding the applicant’s termination fair, holding that the misconduct amounted to dishonesty and that procedure was followed.
The respondent was a probationary employee not entitled to remedies for unfair termination. His absence without permission constituted misconduct, justifying termination. Reliefs granted by the arbitrator were erroneous and set aside. The respondent is only entitled to salary and allowances for days actually worked.
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The court found that the applicant had valid grounds for termination based on proven misconduct and that all procedural requirements, including notice and disciplinary hearing, were satisfied. The Commission's award of ten months' salary was unjustified as the termination was lawful and fair.
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The applicant failed to discharge his duty of care by not properly reporting the signature discrepancy, which constituted gross negligence. The respondent had valid and fair reasons for termination and followed proper procedures. The CMA's decision was correct and there was no basis to overturn it.
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The arbitrator erred by not factoring the proven misconduct of absence without permission into the decision. Although the arbitrator incorrectly found the respondent not guilty of forgery, the evidence did not meet the higher standard of proof required for forgery. However, the respondent's absence without permission for over five days constituted serious misconduct justifying termination. The award of reinstatement and severance pay was therefore set aside.
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The High Court dismissed a labour revision, holding that admitted misappropriation of funds was a valid termination reason, while procedural flaws were already compensated.
The respondent's termination was both substantively and procedurally fair as the charge for dishonesty included theft, the disciplinary process was followed, and the respondent failed to prove approval for fuel procurement. The arbitrator erred in finding unfair termination based on a distinction between theft and dishonesty.
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