Appellant was in the employ of the Respondent as Finance Director. Following an audit of Respondent’s books of accounts, it was recommended that Appellant be charged with misconduct. Appellant was charged with contravening section 4 (a) of the Labour (National Employment Code of Conduct) Regulations, Statutory Instrument 15 of 2006 as read with the Public Finance Management Act, (PFMA) (Chapter 22:19). He faced nine (9) counts. Appellant was brought before a Disciplinary Authority which found him guilty of two of the counts and not guilty on the rest. Appellant is dissatisfied with this outcome and has appealed to this Court. More
The appellants in the present matter noted their appeals separately. However, they were employed by the same employer and the facts of their cases are similar. On 6th June 2023 an application for consolidation of the matters was made and it was granted. Their matters have therefore been heard together. Each of the appellants was charged with ‘Any serious act, conduct or omission inconsistent with the fulfilment of the express or implied conditions of his/her contract.’ This is a violation of Section 10.4.14 of the respondent’s employment code. Disciplinary proceedings were conducted against each of them. They were separately convicted... More
Applicant entered into a contract of employment with the Respondent on 1 May 1988 as a trainee junior traffic assistant based at Bulawayo airport. He rose through the ranks to the position of traffic Officer which position he held until his suspension in January 2000. On 10 February 2000 Applicant appeared before a disciplinary committee. The outcome of the hearing was only communicated after Applicant had approached the High Court in October 2000 seeking an order that the results be communicated. Respondent faxed to Applicant an unsigned letter dated 17 February 2000 advising that Applicant’s services had been terminated with... More
This is an application for quantification of damages. Parties are agreed that the applicant be awarded his backpay and any cash in lieu of leave days due to him. More
