Appellant appealed to this Court against his dismissal from employment by Respondent. The appeal was made in terms of Section 92D of the Labour Act Chapter 28:01. The grounds of appeal were four-fold as follows,
“1a. The Respondent erred in proceeding to entertain a dismissal by the Designated Officer without proper hearing.
b.The Appellant was at no point invited for the hearing.
c.There are no records of proceedings on the whole process.
d.The decision of the Respondent to dismiss the Applicant is a nullity at law.
e.The code was not followed properly by the Respondent.
2.The aggrieved party first approached... More
This appeal has been decided on the record in terms of Section 89 2(a)(i) of the Labour Act [Chapter 28:01].
Appellant was in Respondent’s employ as a gang leader before his dismissal on allegations of theft of gold ore. More
On the 10th of June 2011 Appellant was suspended from duty on the ground that he had fraudulently generated three (3) journals namely:-
- Morgan Zintec for $406.00
- Chitungwiza Hospital for $459.95
- Dudzai Primary School for $550.01
without supporting documentation.
This was an act of misconduct in terms of Section 20 of Respondent’s Code of Conduct S.I. 148 of 2009 the penalty of which is a dismissal for a first breach.
For committing the above act of misconduct (fraud) Appellant was found guilty by the Disciplinary Committee and was dismissed from Respondent’s employment. He noted appeals to the... More
On the 7th October 2005 Arbitrator Chavura issued an award reinstating Applicant without loss of pay and benefits.
Respondent appealed to this Court and on the 31st May 2007 an order by consent was issued on the following terms-
- that Respondent reinstates Applicant pending early retirement with full benefits,
- that Applicant be on leave pending finalization of his packages/emoluments
- that there be no order as to costs. More
