PLATINUM CREDIT LIMITED v. MARTIN JOAQIM, CIVIL APPEAL NO. 138 OF 2022

Abstract

Held: (i) The law does not require that witnesses who testified before the disciplinary committee must also testify before the CMA to prove fair procedure in termination. (ii) Rule 12(2) of GN No. 42 of 2007 categorizes misconduct into two types: tolerable misconduct, which requires counseling and warnings, and serious misconduct, such as gross dishonesty, which justifies immediate termination without the need for progressive disciplinary action.