This is an appeal against an arbitral award handed down on 1 April 2015 which set aside the dismissal of the respondent from appellant’s employment, and substituted it with a final written warning. More
This is a clear case in which the arbitral award cannot be allowed to stand.
Respondent was employed by appellant as head of department. Following allegations of misconduct, respondent was brought before a Disciplinary Authority which found him guilty and recommended his dismissal. An appeal to the Appeals Officer did not yield the desired results. Respondent approached the labour officer and the matter was subsequently referred to arbitration. The arbitrator found in favour of the respondent and the appellant has appealed to this court. More
This is an application for rescission of a default judgment issued by JUSTICE CHIDZIVA on 12 February 2016. The facts of the matter are common cause. On the date of the hearing, that is 12 February 2016, both parties did not attend the hearing. It is also common cause that the respondent had not received notice of the hearing. However, applicant had been served through its erstwhile legal practitioners. The Court proceeded to grant a default judgment in the circumstances. Applicant thus applies for the rescission of that default judgment. I should also mention that applicant has since changed its... More
On 20 November 2013 I issued an order sitting in Chambers directing the Senior Labour Officer to refer the matter to arbitration within 30 days of the order. On 3 January 2014 Applicant wrote to the Registrar requesting for the reasons for that order. The following are the reasons for that order. More
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
