This is an appeal against the decision of the Chief Executive Officer finding appellant guilty and dismissing her from work on allegations of misconduct at the work place. Brief facts of the matter are that appellant who was in the respondent’s employment was charged with misconduct emanating from the facts that she had acted negligently and caused loss of the employer’s ticket book. She was found guilty of the infraction. She appealed to the Chief Executive Officer without success hence the instant appeal. More
Appellant appealed to this Court against her dismissal from employment by Respondent. She was charged with seven (7) counts of misconduct. These were violations of Group D – Most serious offences – category 25. She was acquitted of four of the counts but found guilty on 3 of the counts.Her ground of appeals were three- fold as follows,
“1. The Grievances and Disciplinary Committee erred and misdirected itself in finding Appellant guilty of Count 1 of the charges, as the duties she is charged with do not fall into duties assigned either expressly or tacitly.
2. The Grievances and Disciplinary... More
This was supposed to be an application for condonationof late noting of appeal. The applicant is represented but has not filed Heads of Argument. The Rules require a party who is represented to file Heads of Argument (Rule 19). No reasonable explanation has been proffered. The legal practitioners of record have sent a correspondent to appear.(Mr Muhlekiwa of Mahuni&Mutatu Attorneys at Law). Mr Laita is said to be attending to a matter at Marondera Magistrates’ Court. There is no proof that this is so. Further even if this was so the Labour Court is superior to the Magistrates’ Court and... More
On the 28th October, 2015 I directed that the parties compile and file a full and proper record after which I would then consider whether to determine the matter on the record or direct that a court hearing be held.
The parties duly complied with the directive and having gone through the record, I am of the view that I can determine the appeal on the record. Section 89 (2)(a)(1) of the Labour Act [Chapter 28:01] refers.
Appellant was dismissed from Respondent’s employ after having been found guilty of six out of eight counts of fraud. He appealed through the... More
In this case, the respondent alleges that he was employed by the appellant on 5 August 2011 up to October 2014. That he was guarding the respondent’s trucks and that a wage of $140-00 per month was agreed between the parties. More
