NMB Bank Limited v Phillis Masanga

Key Issues

• {"issue_text":"Whether the NEC Appeals Board erred in failing to appreciate that respondent was found guilty of a Category D offence warranting dismissal","issue_type":"law","dispositive":"no","related_facts":"Respondent found guilty of gross negligence, Category D offence warrants dismissal for first offence"}
• {"issue_text":"Whether the NEC Appeals Board properly overturned the finding of guilty or merely commented on harshness of penalty","issue_type":"law","dispositive":"yes","related_facts":"NEC Appeals Board found charge not substantiated, observed penalty was too harsh"}
• {"issue_text":"Whether the penalty of dismissal was appropriate for gross negligence","issue_type":"mixed","dispositive":"yes","related_facts":"Gross negligence is Category D offence, Code provides dismissal for first offence"}
• {"issue_text":"Whether reinstatement order without alternative of damages was competent","issue_type":"procedural","dispositive":"no","related_facts":"NEC Appeals Board ordered only reinstatement without alternative"}

Background