DismissalGross NegligenceDirectorDeadlockReviewCollective Bargaining AgreementCode of Conduct
Tags
Unfair DismissalDisciplinary ProceedingsCode of Conduct
legislation
Statutes Cited
Labour Act
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the court a quo erred by relying on the Code annexed as the sixth schedule in S.I. 42 of 2022 instead of the Code annexed as the sixth schedule in S.I. 26 of 2017.","issue_type":"law","dispositive":"yes","related_facts":"Applicable Code at time of disciplinary proceedings; Date of registration of Code; Date of commencement of S.I. 42 of 2022."}
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background
Facts of the Case
Background
The appellant, a truck driver, was dismissed for gross negligence after a disciplinary committee reached a deadlock on penalty, which was then referred to the Director for determination. The appellant challenged the review decision, arguing that the applicable Code of Conduct did not permit referral to the Director and that the court a quo erred in relying on a later statutory instrument.
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