Labour and Employment Law
REASONS FOR RULING DELIVERED ON 07 AUGUST 2020
 The Applicant is appealing the judgment of this Court delivered on 16th July 2018 which dismissed the Applicant’s appeal from a judgment of the Employment Tribunal delivered on 24th October, 2017. The grounds of appeal before the Court of Appeal are :
i. “The learned judge erred in law on the evidence in awarding compensation to the Respondent;
ii. The learned judge erred in law in failing to consider the reasonable excuse given by the Appellant for non-appearance of lawyer;
Tort law: Claim of damages arising out of employment relationship – Articles 1382, 1384 of the Civil Code (CAP 33).
Employment law: Bonding Agreement - Plea in limine litis - jurisdiction of Magistrate's Court in employment matters - whether employment-related matter reserved exclusively for Employment Tribunal or whether triable by Magistrate's Court.
Employment law: Bonding Agreement - Plea in limine litis - jurisdiction of Magistrate's court in employment matters - whether employment-related matter reserved exclusively for Employment Tribunal or whether triable by Magistrate's Court.
Occupational health and safety: Claim for damages for injury occurring at work place. Appellant has failed to establish negligence on part of respondent. Section 8(a) of Occupational Safety and Health Decree also castes a duty on the employee to take reasonable care for the health, safety and well-being of himself and others whilst he is performing his duties. Appeal dismissed with costs.
 The Respondent was in the employment of the Appellant as a quantity surveying technician. Following the termination of his employment and after the failure of mediation, he sought compensation for unlawful dismissal before the Employment Tribunal. The Respondent claimed the following:
(a)Unpaid salary from 1st June 2017 to 9th June 2017.
(b) 13 days annual leave.