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
This is a typical case where the wheels of justice grind at a very slow speed indeed.
On 6 February 2008 President Kachambwa (as he then was) issued an order for the reinstatement of the applicant with an alternative to be paid damages in lieu of such reinstatement. The respondent thereafter wrote a letter to the applicant stating that he would be reinstated as from 1 October 2008. It is alleged that the applicant did not report for duty as instructed and, the respondent proceeded to hold a disciplinary hearing in the applicant’s absence culminating in his dismissal. The applicant... More
The matter was placed before me as application for review and an appeal against an arbitral award handed down by Honourable B. Chikwana on the 22nd July 2015. On the date of hearing the court raised a point mero-motu. Although the point was not specifically pleaded to by the parties, it is a point of law which the court was entitled to raise as the point goes to the validity of proceedings before the court. The point pertains to the capacity of the Applicant/Appellant to appear before the Court. More
The appellant is alleged to have stopped reporting for duty sometime in 2008. The employer then stopped paying the appellant’s salary because he was not reporting for duty. More
