The ghost of the Supreme Court judgment in Don Nyamande& Another vs Zuva Petroleum (Pvt) Ltd S 43/15 and the subsequent promulgation of the Labour Amendment No. 5 of 2015 continue to haunt many a Labour Court Judge. The Supreme Court judgment confirmed an employer’s right to terminate an employee’s employment contract on notice. The Labour Amendment Act sought to address the situation by providing for payment of certain terminal benefits in the amended section 12C. Employers have argued that the Act, in providing for retrospectivity, is ultra vires the Constitution and to this end applications have been made for... More
This is a consolidation of appeals filed by the appellants and respondent in Case No LC/H/766/14 and LC/H/819/14 respectively. The appeals emanate from the decision of the arbitrator. The arbitrator dismissed the appellants’ claims in respect of wage differentials allegedly perpetrated by the respondent and a further claim for a failure to establish a Job Grading Committee was equally dismissed. The arbitrator upheld the claim that the respondent should reinstate the Service Awards which was appealed against by the respondent. More
This is an application for confirmation of an order. It is being made in terms of section 93 (5) of the Labour Act [Chapter 28:01] (The Act). An order dismissing the application was handed down by the court. Reasons were to follow More
This is an application for confirmation of a draft ruling and order made by the applicant in his capacity as designated agent in the Employment Council for Harare Municipal Undertaking. It is made in terms of section 93 (5) of the Labour Act [Chapter 28:01], as amended. More
This is an application for confirmation of a ruling made by the applicant in the matter between the 1st and the 2nd respondents and which ruling was made on the 27th August 2019.
Background
The 1st respondent employs the 2nd respondent as a loss control officer in charge of council farms. His duties include the supervision of council farm guards on 3 council farms. More
