This is an appeal against an arbitral award per Honourable Chitsa, which award was made in favour of Respondent through a dismissal of Appellant’s claim of constructive dismissal for lack of merit. The Arbitrator instead found that the Appellant having personally resigned was entitled to be paid her terminal benefits. It is necessary to set out the brief background. More
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 application for quantification of damages. I should point out that the matter suffered several stillbirths when parties requested postponements to enable them reach an out-of-court settlement. Alas, this was not to be as the parties failed to agree on certain key issues. More
