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The High Court dismissed a labour revision seeking to set aside a CMA award, holding that sexual harassment was proved, the dismissal was fair, and the process was procedurally proper.
The High Court partly revised a labour award, upholding unfair termination findings on procedure but finding a valid reason based on sexual harassment evidence.
The trial court erred by convicting the appellant for offences not charged, under wrong sections, and imposing an illegal sentence; these irregularities cannot be cured by section 388 of the CPA.
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The conviction for attempted rape was improper as the charge was not amended to reflect the evidence, and the procedural irregularity prejudiced the appellant; the prosecution failed to prove the essential ingredients of the offences beyond reasonable doubt.
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The High Court upheld sexual-harassment findings against an employee but found procedural unfairness in the disciplinary process and awarded revised remedies.
The High Court allowed the appeal, quashed the convictions and sentences, and ordered the immediate release of both appellants after finding the prosecution case unproved against them.
The High Court quashed a rape conviction after finding the PF3 was wrongly admitted and penetration was not proved, substituting a conviction for sexual harassment.
Conviction for rape was improper due to lack of specific evidence of penetration, improper admission of PF3 medical report, reliance on irrelevant bad character evidence, and misdirection on burden of proof; conviction substituted for sexual harassment based on available evidence.
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The Court of Appeal quashed a rape conviction for lack of proof and procedurally flawed evidence, then entered a conviction for sexual harassment and ordered immediate release after time served.
The Court of Appeal quashed a rape conviction for lack of proof of penetration and substituted sexual harassment, ordering the appellant’s release.
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