This is an appeal against an arbitral award which was handed down in default of the appellant.
The arbitrator observed in his award that the respondent did not attend the hearing in spite of having been duly notified to do so and that no reasons for non attendance were communicated.
The respondent, who had been employed by the appellant as a general hand, had been dismissed on 21 May 2013 on allegations of using abusive language and absenteeism. Upon appeal to the Local Joint Committee, the respondent had been reinstated without loss of salary and benefits. Aggrieved, the appellant lodged... More
Appellant was employed by Respondent as the Head of Client Services. She was employed with effect from 3rd January 2012 until 13th December 2013 when she was served with a letter of instant dismissal. Following a challenge to that initial dismissal through her lawyers’ correspondence, Respondent withdrew the dismissal by a letter of the 20th December 2013. She was invited back to work effective from 6th January 2014. Upon her return she was served with a letter of suspension and was charged of the misconduct of “any act of conduct or omission inconsistent with the fulfillment of the employee’s contract... More
The appellant in this matter was employed by the respondent.
She was charged in terms of the National Code of Conduct SI 15/2006 under section 4 (a) thereof. The charge was
“any act or conduct or any omission inconsistent with the fulfillment of the express and implied conditions of her contract.”
The factual allegations which led to the dispute between the parties is briefly that on or about 31 October 2015, the appellant brought some meat and other food stuffs into the work premises. She proceeded to store the same in a refrigerator at the work place. More
This is an appeal against the Disciplinary Authority’s approval of a guilty verdict and penalty as recommended by the Disciplinary Committee.
- Appellant was in Respondent’s employ as a Principal Immigration Officer. She was based at the Harare International Airport.
- On the 21st February, 2015 Appellant was on duty on the arrivals side, clearing passengers who had alighted from Fastjet Airlines coming from Tanzania as well as passengers from Johannesburg who had alighted from Air Zimbabwe flight.
- During the clearing process Appellant cleared a passenger who was travelling on a Mozambican passport, bearing the name Valentine Takang.
-... More
On 13th December 2012 at Harare, Arbitrator D. Mudzengiissued an arbitration award. In terms thereof he dismissed Appellants’ complaint against Respondent for failure to pay them for overtime worked. Appellants then appealed to this Court against the award. Respondent opposed the appeal.
Working hours and payment therefor in the sector Respondent operates in are governed by a CBA called Collective Bargaining Agreement: Commercial Sectors S.I. 45/93. It is common cause that Appellants worked more hours than the stipulated hours. However Respondent argued that it compensated for the overtime by giving Appellants 9 days-off every month. This was per minutes of... More
