On the date of hearing of this appeal, (26th June 2013), both parties’ Legal Practitioners suggested and agreed that I determine the matter on the documents filed of record. This is in terms of Section 89(2)(a)(i) of the Labour Act [CAP 28:01]. This therefore is my judgment. More
Appellant was in the employ of the Respondent. The facts are that he bought some meat products from Respondent’s workplace on the pretext that there was a traditional ceremony he was going to attend when in fact there were for sale. He was subsequently charged under the Employer’s Code of Conduct and dismissed from employment. His dismissal was upheld by the Arbitrator. Appellant is dissatisfied and has approached this Court for relief. More
The Appellant was employed by the Respondent in 1995 as the Administrative Manager. In 1999 he was appointed to the position of General Manager Bulawayo Makro Store. In 2003, he was transferred to Harare as General Manager for Mukuwisi Store. More
Appellant worked for Respondent as Hospital Administrator in Chipinge. He was dismissed from employment after being found guilty of misconduct by the disciplinary authority. He appealed but the appeals authority dismissed the appeal. Appellant then appealed to this Court in terms of section 92D of the Labour Act Chapter 28:01. More
It is common cause that the appellant signed an agreement of full and final settlement after the verdict of dismissal. On 17 December 2013 he accepted a sum of $825-69 in full and final settlement of his terminal benefits. In that agreement he also accepted that he was not going to claim in future or in retrospect any payments of any nature arising out of the same subject matter.
It is because of this agreement that this court finds that the appeal lacks merit. The appellant should not have accepted any settlement if he wanted to appeal against the verdict... More
