Contract Of Employment : Workman - Industrial Relations Act 1967 ('IRA') - Claimant a shareholder of company - Whether a controlling will and mind of company - Whether a workman under IRA - Whether Industrial Court had jurisdiction to hear unfair dismissal claim

Dismissal : Misconduct - Dishonestly keeping proceeds of sale of scrap iron and submitting false claims on wages - Whether proved - Domestic inquiry - Whether properly held - Whether valid - Whether dismissal with just cause or excuse

The claimant was a shareholder of the respondent company. His claim was that while he was a Project Manager, he was dismissed by the company without just cause or excuse. The company however, disputed the claimant's claim and contended that the claimant was never an 'employee' but a shareholder of the company. The title given to the claimant as 'Project Manager' was in terms of the responsibility as a partner/shareholder of the company and therefore any dispute against other shareholders was subject to the Companies Act 2016 and not under the Industrial Relations Act 1967 ('IRA'). Hence, the company argued that the claim should not be brought before this court for want of jurisdiction. This notwithstanding, the compan