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 4th February 2025 Applicant applied to this Court for condonation of non-compliance with the Court’s Rules. The application did not specify the Rule or law in terms of which it was made. At the onset of oral argument respondent raised 2 (two) points in limine which applicant opposed. The points shall be dealt with ad seriatim. 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
