This is an application for stay of execution of an arbitral award issued on 12 January 2011. The application was filed on 28 October 2013, the same day the notice of appeal was filed. The applicant contends that the respondents are desirous of enforcing the award by the Honourable Dangarembizi in terms of the quantification award dated 26 March 2012. The applicant further contends that it will suffer irreparable prejudice if the respondents are allowed to execute on the award. More
The background is that the respondents were employed by the appellant. A dispute arose between the parties. The dispute was that the employer sought to introduce new contracts of employment to supersede the contracts it had with the respondents. The respondents refused to sign the new contracts. The employer then decided to pay those who had agreed to sign the new contracts More
This is an appeal against the decision of the arbitrator who ruled that the respondent employees who had refused to sign new USD contracts had not repudiated their contracts and put themselves out of employment. The matter has a long and chequered history of being in the Labour Court and in the Supreme Court. The instant judgment is written out in fulfilment of a remittal order from the Supreme Court where after the Supreme Court concluded on the issue of citation it remitted the matter to this court so that the merits of the appeal could be entertained. More
