This is an application for review of the disciplinary proceedings convened by the Respondent against the Applicant.Theapplicant was employed by Respondent until he was dismissed from employment with effect from 16th of October, 2019 which was the date of suspension.
[2] The events leading to his dismissal can be summarised as follows;
The Applicant was employed as a Shelf-Packer. On the 12th of October 2019 whilst on duty at ChoppiesRuwa the Applicant was allegedly caught red-handed by an undercoversecurity guard drinking a Castle Lite in the warehouse belonging to Respondent. According to Respondent a further six more empty beer bottles... More
This is an appeal against the decision of the Works Council of the Respondent. The Respondent dismissed the appellant following disciplinary proceedings for “Proven cases of theft” in violation of provisions of the respondent’s code of conduct.
The facts of this matter appear to be largely common cause. They are as follows:
The appellant who was employed by the respondent as a driver was sent to collect “empties”. After travelling for a distance of 26 kilometres there was a decline of fuel in the truck he used in the volume of between 95 and 120 litres (diesel). Further the respondent... More
Respondent’s (employer) Executive Chairman wrote a letter dated 30th March 2020 to Appellant (employee). The contents show that the employee was demoted after disciplinary proceedings. The employee then appealed to this court against both the verdict and penalty. More
On the 25th October 2017 at Chinhoyi, 2nd Respondent in his capacity as an Arbitrator issued an award. He ordered 1st Respondent (employer) to pay Applicant (employee) various amounts in respect of damages in lieu of reinstatement. The employee then filed an appeal and application for review with this court. The employer opposed the application and filed a counter-application for review, together with an appeal. All the matters were set down for hearing before us. At the onset of oral arguments, the parties agreed that the applications for review be dealt with first. More
The applicant is a former employee of the 1st respondent. He was dismissed from employment on 27th February 2008 following a disciplinary process. The applicant being aggrieved referred a complaint of unfair termination to the Labour Officer. The matter was later referred to compulsory arbitration. On 23rd March 2020 an award directing applicant’s reinstatement without any loss of benefits from the date of unlawful termination was granted. According to applicant from the date of that award to April 2011 the parties were engaged in negotiations for an exit package which never materialized. From April 2011 to 3rd February 2016 upon... More
