MUREVEGWI HWAIRE v THE MINISTER OF EDUCATION & CIVIL SERVICE COMMISSION

Key Issues

• {"issue_text":"Whether the dispute was prescribed under section 94 of the Labour Act","issue_type":"procedural","dispositive":"no","related_facts":"Disciplinary proceedings commenced in 2012, determination issued in 2015"}
• {"issue_text":"Whether the disciplinary proceedings were biased or records were doctored","issue_type":"procedural","dispositive":"no","related_facts":"Allegations of improper questioning, doctored minutes, bias of committee members"}
• {"issue_text":"Whether the charges were improperly lumped together","issue_type":"procedural","dispositive":"no","related_facts":"Three separate charges from same factual circumstances"}
• {"issue_text":"Whether reference to 2007 charge rendered proceedings null and void","issue_type":"procedural","dispositive":"no","related_facts":"Improper mention of 2007 charge in charge sheet"}
• {"issue_text":"Whether Mr Guri improperly acted as Disciplinary Authority","issue_type":"procedural","dispositive":"no","related_facts":"Guri's involvement in previous hearings and notification of 2015 hearing"}
• {"issue_text":"Whether failure to pay back pay constituted \"dirty hands\" preventing proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Applicant's suspension and non-payment of back pay after dismissal set aside"}

Background