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Court of Appeal held the labour appeal was mostly factual, declined new procedural grounds, and dismissed the challenge to termination for gross dishonesty.
The High Court partially allowed a labour revision, upholding unfair termination findings but reducing compensation from 48 months to 24 months’ salary.
The Court of Appeal held that presenting false receipts amounted to gross dishonesty justifying termination, and that disciplinary committee members need not testify before the CMA.
The High Court upheld a CMA award, finding the employee was fairly terminated for gross insubordination and that the disciplinary process was procedurally fair.
The High Court upheld dismissal of a labour revision, finding the employee admitted assault and the employer followed fair disciplinary procedure.
The High Court upheld dismissal of a labour revision, finding valid reasons and fair procedure for termination based on breach of workplace SOP and personal business at work.
The High Court upheld a probationary termination for gross misconduct, finding a fair reason and setting aside the CMA award.
The High Court allowed TPB Bank PLC’s revision, holding that the employee’s conduct amounted to gross dishonesty and justified termination.
The appellant's termination was based on valid reasons and fair procedure as required by section 37(2) of ELRA; discrepancies in evidence and failure to tender investigation report did not vitiate proceedings; failure to append arbitrator's signature and recording evidence in question and answer form did not occasion miscarriage of justice; disciplinary hearing notice and consideration of verdict and sanction complied with applicable labour rules.
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The arbitrator failed to comply with mandatory requirements for an award by omitting a summary of evidence, arguments, and reasoning, resulting in a materially irregular and improperly procured award.
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