This is an application for review of the First Respondent’s decision to grant Second Respondent an exemption from paying gazetted wages for the period January – December 2010.
The material background facts which are common cause are as follows.
The parties in 2010 engaged in salary wages negotiations for the period January to June 2010. The parties deadlocked. The matter was referred to an Arbitrator. The Arbitrator granted an award for increment to cover the period January to June 2010. The employer organization was aggrieved and appealed against the award to the Labour Court. The Labour Court through a judgement... More
The appellant was ordered to reinstate the respondents by the National Employment Council for the Engineering and Iron and Steel Industry Appeals Committee. Appellant appealed against the said order.
Before the matter was argued on the merits, the respondent raised three preliminary points. The first preliminary point being that the appellant has dirty hands it failed to comply with the order made against it. Appellant should first purge its contempt before approaching this court. The second preliminary point raises the issue of representation, whether one Samkange was authorised to represent the appellant. The third preliminary point challenges the appropriateness of... More
1. This is an application for review of the respondent’s disciplinary process against the applicant. The applicant was charged of acts of misconduct. He was subjected to a hearing and was found guilty. A penalty of dismissal was imposed. He challenged the process for being irregular. More
Appellant was in respondent’s employ as a nurse aide based at Harare Central Hospital ward C8. She was arraigned before a Disciplinary Committee facing an act of misconduct, the charge being theft of state property. More
Respondents were in the employ of the applicant/appellant on fixed term contracts since October 2010. The last such contracts were effective from 1 March to 30 June 2012 and were not renewed. Respondents lodged a claim for unfair dismissal alleging that they had a legitimate expectation to be reengaged. That matter ended up before arbitration where the award was in favour of respondents ordering reinstatement and damages in lieu of reinstatement. More
