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
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
