The respondent was employed by the appellant as a bank teller. He was, at the material time, based at the appellant’s Masvingo Branch. The respondent and a workmate, one Happymore Muzara, had joint responsibility for the appellant’s two ATM machines, installed at the Bank and Building Society divisions. The machines were within easy walking distance of each other.
The respondent and Muzara exercised what is referred to in the record as joint custodianship of the ATM machines. Their responsibilities included loading cash into the machines, and ensuring that the transactions carried out balanced. Any deficit or surplus had to be... More
This is an appeal against the decision of the National Employment Council Appeals Board for the Banking Undertaking (Appeals Board) handed down on 14 October 2014. The Appeals Board set aside the dismissal of the respondent from employment, and ordered that she be reinstated without loss of salary and benefits. More
This is an appeal against the decision of the NEC Banking and Undertaking Appeals Committee (N.E.C) which set aside the decision of the Grievances and Disciplinary Committee(G.D.C.) and ordered that respondent employee’s dismissal from employment be set aside and that she be reinstated to her original position without loss of salary and benefits. More
Appellant grounds of appeal are two-fold. They read as follows,
“1. The arbitrator erred grossly on the facts and at law by finding that the Appellant had the onus of proving on which date Respondent was served with the appeal hearing decision.
2. The arbitrator erred grossly on the facts and at law by making an uncorroborated allegation that an employee always has an interest to protect his employer’s case and finding that whatever the employee then says as a witness is false.” More
This is an application for rescission of a default judgment granted by this Court on 7 November 2023.
The brief procedural history of the matter is as follows. First Respondent filed an appeal with this Court in Case Number LC/H/18/23. On the hearing date, that is, 31 May 2023, Applicant was in default and the Court allowed the appeal. Applicant thereafter did not file an application for rescission timeously. This led to the filing of an application for condonation of the late filing of an application for rescission of judgment under case Number LC/H/747/23. On the hearing date, which was... More
