adminaccident in the DRC recently.
He was arrested and subsequently served a prison term in that country.
Whelson Transport held disciplinary proceedings against him for being absent from duty without reasonable excuse.
Limu was found guilty and dismissed.
He was aggrieved by the dismissal and the matter eventually went for arbitration.
The arbitrator upheld the dismissal and Limu appealed to the Labour Court.
He argued that he had a reasonable excuse for absenting himself from duty and the arbitrator erred in finding him guilty of absenteeism.
Labour Court president, Ms Euna Makamure, noted that Limu was aggrieved by the Arbitrator’s factual findings.
“According to the Labour Act, an appeal to this court against a decision of an arbitrator must only raise a question of law,” she said.
“However, the Supreme Court has ruled that where factual findings are unreasonable to the extent of them being in defiance of the logic that may amount to a point of law.”
Ms Makamure pointed out that in Limu’s appeal, he had not alleged that the findings of the arbitrator were unreasonable and amounted to misdirection at law.
For that reason, Ms Makamure said the appeal was not properly before the court and dismissed Limu’s appeal.
Online Reporter
- Herald
- October 4, 2026
- 8 views
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