When this matter was called Mr Bhatasara, counsel for the appellant, applied to amend the grounds of appeal. Mr Mutasa, who appeared for the respondent, was not averse to the application. The matter was stood down to allow counsel to confer on the proposed amendments. When the matter resumed the parties indicated that they had agreed on the amendments. The grounds were as a consequence amended by consent. More
Following charges of misconduct preferred against the respondent, the hearing officer appointed by the appellant found him guilty of five counts of conduct inconsistent with the fulfilment of the express or implied conditions of his employment contract. Consequent upon that finding, the disciplinary authority imposed the ultimate penalty of dismissal. More
This is an appeal against the whole judgment of the High Court handed down on 17 July 2017 in which the court registered an arbitral award in favour of the respondents. More
On 23 September 2020 we invited the parties to address the Court on a point in limine that arose after judgment was reserved in this matter. The point in limine is whether the High Court, in the exercise of its powers to issue a declaratur, could properly issue one in a purely labour matter in the light of s 2A(3) of the Labour Act [Chapter 26:01] “the Labour Act,” which provides that the Labour Act shall prevail over any other enactment inconsistent with it, as read also with s 89(6), which provides for the exclusive jurisdiction of the Labour Court... More
This is an appeal against the whole judgment of the Labour Court upholding the National Employment Council- Tobacco Grievance and Disciplinary Committee’s (‘NEC GDC Committee’) finding that the appellant tacitly renewed the respondents’ contracts of employment. More
