Varichem Limited v Carrington Mutoto

Key Issues

• {"issue_text":"Whether the appellant gave the respondent a lawful order regarding overtime and night shift.","issue_type":"law","dispositive":"yes","related_facts":"Refusal to work overtime and night shift; contract terms; SI 31 provisions."}
• {"issue_text":"Whether mitigation was considered before passing sentence.","issue_type":"fact","dispositive":"no","related_facts":"Disciplinary minutes; Managing Director's letter."}
• {"issue_text":"Whether the disciplinary proceedings were flout with irregularities.","issue_type":"procedural","dispositive":"no","related_facts":"Lack of investigation report; adherence to audi alteram partem."}
• {"issue_text":"Whether there is a nexus between insubordination and disobedience of a lawful order.","issue_type":"law","dispositive":"yes","related_facts":"Nature of charges preferred."}
• {"issue_text":"Whether the two charges were treated separately in the hearing.","issue_type":"procedural","dispositive":"no","related_facts":"Nature of the hearing regarding multiple charges."}
• {"issue_text":"Whether it was procedurally correct for Mr. L. Chipanga to write the letter of dismissal.","issue_type":"procedural","dispositive":"no","related_facts":"Identity of the signatory to the dismissal letter."}

Background