Favco (Pvt) Ltd v Godwin Mushori

Key Issues

• {"issue_text":"Whether the arbitrator erred in finding that no lawful instruction was given to the respondent","issue_type":"mixed","dispositive":"yes","related_facts":"Email instructions of 3, 13, and 22 January 2014; respondent's failure to implement"}
• {"issue_text":"Whether the respondent had any lawful excuse for non-compliance with the instructions","issue_type":"fact","dispositive":"yes","related_facts":"Subordinates on leave; respondent's explanation about discussion with HR Manager"}
• {"issue_text":"Whether the respondent was guilty of gross incompetence in supervising his department","issue_type":"mixed","dispositive":"yes","related_facts":"Unauthorized credit facilities; unauthenticated creditor details; respondent's abdication of responsibility"}
• {"issue_text":"Whether the dismissal was an appropriate sanction","issue_type":"law","dispositive":"yes","related_facts":"Two counts of misconduct proven; employer's discretion in imposing sanctions"}

Background