This matter was set down as 2 applications in one that is, a chamber application for the dismissal of the employee’s appeal in terms of Rule 19 (3) (a) for want of filing Heads of Argument on time and an application for condonation of the late filing of Heads of Argument by the employee. More
Appellant alleges that the Arbitrator awarded damages without hearing evidence on the reasonable time it would have taken Respondent with reasonable diligence, to obtain alternative employment. Also that, the Arbitrator awarded damages when he had found that Respondent had not mitigated her loss. Further, that the Arbitrator had awarded 12 months damages which is a total of three distinct components. More
On the 27th August 2018 at Harare, Designated Agent (DA) M Manyika made a determination. He dismissed appellant’s (employee) claim of unfair termination of employment by respondent (employer). The employee then appealed the determination to this Court in terms of Section 92D of the Labour Act Chapter 28:01. More
This is an appeal against an arbitral award.
The appellant was employed by the respondent as a forecourt cashier from December 2012. He was earning a salary of $250.00 per month. The respondent alleges that the service station at which the appellant was employed closed in December 2013. The appellant then lodged a complaint with the NEC for the Motor Industry on 19 February 2014 alleging non-payment of salaries, overtime and underpayments. Failing settlement at conciliation level, the matter was referred to arbitration. More
This is a ruling on the preliminary issues raised by the parties. Applicant raised the point that the deponent to the Opposing Affidavit had not shown that he was duly authorised. In response Respondent’s legal practitioner stated that the Deponent was not initiating the application but merely acting as a witness. It was also averred that Applicant had not raised this issue in previous proceedings beginning with the Disciplinary proceedings which were initiated by the Deponent. More
