The background facts are that there is no specific National Employment Council for the Funeral Sector. To date appellant and its employees have been regulated by the National Employment Council for the Commercial Sectors of Zimbabwe SI 45/93. Respondent was registered as a trade union in 2005 in respect to the interests in the funeral services and assurance undertakings. Attempts by respondent to negotiate on the formation of an N.E.C. for the Funeral Sector and thereafter negotiate conditions of employment, were unsuccessful due to non cooperation from the Zimbabwe Association of Funeral Assurers (ZAFA). Respondent brought a complaint before the... More
This is an application for the stay of execution of an award granted by arbitrators. It is opposed. The application was made in terms of section 92E (3) of the Labour Act [Chapter 28:01] (The Act). Parties appear to agree that the figure set by the arbitrators as the appropriate salary needs to be discussed further. This can only happen while the arbitral award has been suspended. If the award is not suspended the respondent has the right to enforce it. More
MUSARIRI, J:
On 4 August 2015 at Harare, Arbitrator B Mudiwa issued on arbitration award. He ordered appellant to reinstate respondent or pay him damages in lieu of reinstatement. Appellant then appealed to this Court against the award. Respondent opposed the appeal.
The grounds of appeal complained that,
“1. The Honourable Arbitrator grossly misdirected himself on the facts and evidence in circumstances amounting to a misdirection of law including but not limited to the following
a) That the appellant assigned the respondent drivers to drive him about;
b) That respondent took no action for the period ranging from December 2012... More
This is an application for review of the proceedings of the Health Services Board held on the 27th March 2020. The applicant was employed by the Government of Zimbabwe as a medical practitioner and was stationed at Chitungwiza Central Hospital. He was involved in act of misconduct and was charged and tried in terms of the Labour National Employment Code S. I. 15 of 2006. At the trial before the Board the applicant did not object to the application of this Code. In this application he is challenging its application. The challenge is on the ground that the applicant is... More
This is an application for leave to appeal. A preliminary point regarding citation of the 1st respondent was raised before the application could be heard. The preliminary issue was that the 1st respondent was not party to proceedings which are now being appealed and therefore there was improper citation of parties. At the conclusion of the hearing of the preliminary issue, the court found merit in the issue raised. Consequently, the court struck the matter off the roll. More
