This is an appeal and cross appeal against the decision of the National Employment Council Appeals Board. The Board ordered that the Appellant ‘Mavhunga’ be dismissed and awarded back pay from July 2, 2008 to March 2, 2012. Both parties noted appeals against the decision at different times. The two matters were consolidated after an application to this court was made. For the avoidance of confusion in the terms parties would be referred to in their names. More
At the onset of oral argument in this Court respondent raised 2 points in limine which appellant opposed. Respondent abandoned the other points mentioned in his papers. The points shall be dealt with herein ad seriatim. More
The relief sought on appeal is incompetent since the Applicant prays for reinstatement when that was not the prevailing position prior to the dismissal. Prior to the dismissal on the 14th August, 2020, the Applicant was suspended from employment on the 6th July, 2020. The status quo that has to be restored is therefore the position of suspension and not the reinstatement. More
Applicant applied to this Court for condonation of a late appeal in terms of Rule 22 of the Labour Court Rules S.I. 150/17. Respondent opposed the application. The decision sought to be appealed was made by the Appeals Officer on the 14th September 2020. In terms of Rule 19 applicant ought to have appealed to this Court within 21 (twenty-one) days of that decision. He did not do so. He filed an application for condonation in March 2022 under reference LC/H/235/22. Same was struck off the roll on 5th August 2022. He filed another application for condonation on 22nd September... More
On 23rd February, 2011 the Honourable L. Maburutse made an arbitration award. In terms thereof, he dismissed Appellants’ claim of unlawful termination of their employment by Respondent. Appellants then appealed to this Court against the award. More
