This is an appeal against the decision of the National Employment Council (NEC) Welfare and Educational Institutions Appeals Committee which confirmed Appellant’s dismissal verdict. More
The matter was placed before me as an application for dismissal of a matter in terms of Rule 19(3) and (4) of the Labour Court Rules, 2006. The application was opposed.
The applicant in his founding affidavit averred that the respondent filed an application for condonation of late noting of an appeal against the decision of the Arbitrator handed down on the 31st of August 2013. He had duly served his notice of opposition to the application on 24 September 2012. The respondent having then failed to file heads of argument in terms of the Rules he filed a chamber... More
“It will be contended that the Appeals Committee erred in one or more of the following:
1. The disciplinary committee misdirected itself in hearing and conducting the case leading to the Appellant being dismissed from work.
2. The Appellant clearly did his best as a prudent person to advise the disciplinary committee that their failure to call witnesses who had testified against the Appellant to be cross examined by him was to his prejudice.
3. There was a procedural irregularity by the disciplinary committee when they did not consider that the local sector official must notify the employee concerned that... More
This is an application for condonation for the late noting of an appeal. The background to the matter is that appellant lost his job with Tennis Zimbabwe following disciplinary proceedings. He is unhappy with his job loss so he intends to appeal to the Labour Court about the job loss. His first attempt to appeal in 2022 was followed by incidences of his appeal being deemed abandoned for non-compliance with the Labour Court Rules. Twenty two months later he is seeking for the late noting of his appeal. He attributes the delay to sluggishness on his lawyers’ part. He claims... More
This is an application for condonation of the late filing of an application for leave to appeal to the Supreme Court.
Two issues arose at the commencement of the proceedings. The first issue was that Applicants’ legal practitioner was of the view that this was a composite application for condonation AND an application for leave to appeal both to be heard at the same time. After an exchange of pleasantries, it was resolved that the application for condonation was to be heard and a decision made which could then lead to an application for leave to appeal. More
