Repay $63k, ex-manager ordered

A FORMER NMB bank manager who won a labour dispute and was awarded $63 000 four years ago, now has a burden of repaying the money after a Labour Court quashed the ruling that enriched him. Shepherd Goto, an ex-security manager with NMB Bank, was fired from work, but an arbitrator ruled that his dismissal was unlawful. The arbitrator awarded him damages amounting to $63 000. The bank appealed against the award. Despite the pending appeal, Goto went ahead and instructed the sheriff to attach the bank’s property.

A FORMER NMB bank manager who won a labour dispute and was awarded $63 000 four years ago, now has a burden of repaying the money after a Labour Court quashed the ruling that enriched him.

Shepherd Goto, an ex-security manager with NMB Bank, was fired from work, but an arbitrator ruled that his dismissal was unlawful.

The arbitrator awarded him damages amounting to $63 000.

The bank appealed against the award.

Despite the pending appeal, Goto went ahead and instructed the sheriff to attach the bank’s property in a bid to recover his money.

After execution, Goto got his money.

The Labour Court has set aside the arbitral award and the bank has now lodged a claim for a refund of the money paid to Mr Goto. It wants its $63 000 back. Goto has in turn approached the Supreme Court with an application for leave to appeal against the Labour Court’s decision.

Justice Mary Dube ruled recently that the pending application did not have the effect of stopping the bank from recovering its $63 000 from Goto.

“The filing of an application for leave to appeal a decision of the Labour Court in the Supreme Court is not synonymous with filing an appeal. A notice of appeal still has to be filed. The application for leave to appeal on its own has no effect of suspending the decision sought to be appealed against,” she said.

“A party applying for leave to appeal applies for permission to appeal. No appeal is pending in the Supreme Court until the application for leave to appeal is granted and a notice of appeal filed. For as long as there is no appeal pending, there can be no appeal to talk about,” she said.

“The judgment of the Labour Court is still extant. Nothing stands in the way of the Labour Court’s decision.”

She said allowing Goto to continue holding onto the money was tantamount to impoverishing the bank.

Justice Dube ordered Goto to pay back the money.

Goto was dismissed from employment following a disciplinary hearing.

He then appealed to an arbitrator. The arbitrator ordered Goto’s reinstatement or alternatively payment of damages in lieu of reinstatement.

NMB bank then appealed to the Labour Court.

Subsequent to the arbitrator’s award, Goto successfully filed an application for registration of the award on February 5, 2013, before issuing a writ of execution resulting in the bank applying for a stay of execution pending the determination of the appeal, which was granted.

Goto then filed an application for rescission of the order granting stay of execution and was granted.

Mr Goto instructed the messenger of court to execute the writ and the bank paid him $63 110,55 under “protest”.

The appeal against the arbitral award was heard in the Labour Court.