is an appeal against the decision of the National Employment Council Appeals Board of the banking undertaking (the appeals board) by the Appellant (the employer). The Respondent noted a cross appeal. These proceedings are to determine both the appeal and the cross appeal.
For ease of reference, the parties will be referred to as the employer and the employee.
The Brief background is that the employee was employed at the Masvingo Branch of the employer as a vault/strong room dual custodian. He was charged with misconduct it being alleged that he had contravened a category ‘D’ clause 11 (1) offence,... More
This court reserved judgment on point in limine and merits on the
16 September 2013 after the respondent through its lawyers Mr A Mugandiwa had raised a point in limine. The respondent submitted that the grounds of appeal that the appellant had raised were of fact and not law. On the other hand the appellant told the court that the issues that had been raised were points of law and that this court had to deal with the merits of the appeal. More
This is an appeal against an arbitral award in favour of the Respondent. Respondent was employed by the Appellant as a Site Quantity Surveyor on 17th February 2012. It is alleged the Respondent stopped going to work in March 2013. In June 2013 he reported for work and demanded his salary. Appellant contended that Respondent had repudiated his contract of employment by failing to report to work. On 6th June 2013 Respondent’s contract of employment was terminated. More
On 17 July 2016 this Court issued an Order pursuant to an application for quantification by the Applicant. The Respondent has requested for reasons for the order. It is my sincere hope that the request has been made in earnest as this matter has been pending finalisation for a very long time indeed. More
On the 25th October 2013 this Court delivered a judgment allowing an appeal against an arbitral award which was in favour of the applicant.
Aggrieved by the judgment, Applicant then filed this application for leave to appeal to the Supreme Court. In terms of Section 92F (1) of the Labour Act [Chapter 28:01] appeals to the Supreme Court against a Labour Court decision shall be premised on a question of law. More
