This is an application for leave to appeal to the Supreme Court. This Court allowed an appeal by the Respondent against a decision by an arbitrator in favour of the Applicants.
Applicants were employed by BP Shell as supply and logistics Managers respectively. Around 20 October 2010 BP Shell sold its services as a going concern to Respondent. A transfer of undertaking was done in terms of Section 16 of the Labour Act [Chapter 28:01]. On 21 November 2011 Respondent offered Applicants a voluntary retrenchment package which was declined. On 15 December 2011 Respondent served Applicants with a compulsory notice... More
This is an application for a review of the proceedings held before the Respondent. Applicants are seeking an order quashing the proceedings and that fresh proceedings be held before an independent Labour Officer of Arbitrator. At the onset of the proceedings the Respondent’s Counsel raised a point in limine that there was no proper application before me. I dismissed that the application and indicated reasons would follow alongside the main judgment. More
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
