Charles Karimunhenga v Terrier Services

Key Issues

• {"issue_text":"Was the appellant guilty of gross negligence justifying dismissal?","issue_type":"mixed","dispositive":"yes","related_facts":"Signing of delivery documents without protest, failure to report discrepancies, repeated shortfalls"}
• {"issue_text":"Was the internal appeal process conducted fairly and in accordance with natural justice?","issue_type":"procedural","dispositive":"no","related_facts":"Disciplinary hearing, CEO appeal, consideration of submissions"}
• {"issue_text":"Should the claim for outstanding wages and benefits be entertained on appeal?","issue_type":"procedural","dispositive":"no","related_facts":"Claim not raised in proceedings a quo"}
• {"issue_text":"Was the charge of gross negligence appropriate, or should it have been ordinary negligence?","issue_type":"legal","dispositive":"no","related_facts":"Employer’s discretion in charging misconduct"}
• {"disposite":"no","issue_text":"Was the final written warning validly issued?","issue_type":"procedural","related_facts":"Alleged lack of prior disciplinary hearing"}

Background