Respondent was employed by the Appellant in the Waste Management Department. It is alleged that Respondent absented herself from duty and she was brought before a Disciplinary Committee which sanctioned her dismissal. Respondent approached the Employment Council in 2011 on appeal but this was not resolved. The matter was referred to arbitration and the Arbitrator found in favour of Respondent. Appellant is dissatisfied with the decision of the Arbitrator and has appealed to this Court. More
This is an appeal against an Arbitral Award wherein it was ordered that Respondent be reinstated to his original position as the decision to dismiss him was null and void as it was made outside the prescribed time frames. More
The two appeals were filed separately under different case numbers. On the date of hearing, the Legal Practitioners for the parties requested for the consolidation of the hearing of the matters in view of the facts/issues raised in both appeals being similar. The court having granted the request both matters were then heard at the same time. The two appeals are against the two awards by the Designated Agent Alex, Masiya which awards were handed down on the 25th of April 2018 (in the case of Smart Safuri) and on the 12th of April 2019 ( in the case of... More
This an appeal against the decision of Honourable Arbitrator Mudiwa dated 17th June 2019 which was couched as follows;
“Wherefore after carefully analysing the relevant facts and law, I make the following awards,
(i) The Disciplinary Committee was properly constituted.
(ii) The charges against the claimant were preferred outside the prescribed time.
(iii) The department representative did not act improperly when he led evidence at the hearing which evidence had the effect of pre-emptying the matter or causing bias. The dismissal of the claimant was not fair in the circumstances.
(iv) The respondent is hereby ordered to reinstate the claimant.... More
This is an appeal against an arbitral award issued on the 13th February, 2013.
The award reads:-
“Wherefore after having carefully considered comprehensive evidence submitted, I therefore order as follows;
(1) Reinstatement of the claimant with full pay and benefits with effect from the date of dismissal.
(2) If reinstatement is no longer an option, damages in lieu of reinstatement should be paid over and above the back pay (up to the date of award).
Parties may approach the arbitrator for quantification of such damages.
(3) The award shall be implemented within 14 working days from the date of receipt... More
