The application for condonation was filed on 4 September 2020. The application was opposed by the Respondent. In his founding affidavit Appellant averred that he was a former employee of the Respondent. He was employed as a Research and Development Technician. He had been dismissed from employment on 29th of November, 2019 following a disciplinary process where he was facing charges of theft, embezzlement and misuse of company property. A Disciplinary Committee set up to hear the matter had found him guilty of all the charges levelled. An internal appeal was equally unsuccessful. He had then appealed to the National... More
This is an appeal against the decision of the Designated Agent for the National Employment Council; Harare Municipal Undertaking (NEC), issued on 19 March 2020.
In the determination, the Designated Agent dismissed the appellants’ claim for allocation of 40 litres of fuel per week as a contractual benefit.
The brief facts of the matter are that the appellants are employed by the respondent as Principal Auditors. They are placed in grade 6 on the hierarchy of posts. In terms of their contract of employment, the appellants are entitled to a company vehicle. The respondent also has a policy in terms... More
This is an application for review. The grounds for review stated that,
“Grounds Of Review
2.1 The suspension of Applicant and any subsequent proceedings thereafter is a nullity as it is not in terms of the applicable registered Code of Conduct read together with the Urban Councils Act. It was improper for the employer to use the National Employment Code of Conduct. S.I. of 2006 given that there is an applicable registered code of conduct for Chitungwiza Municipality. Respondent is estopped at law from forum shopping codes of conduct.
2.2 it was grossly unreasonable and irrational for Respondent to suspend... More
1. This is an appeal against the decision of the Appeal Authority set up by the respondent (though Appellant says Appeal Committee). The Appellant was charged of three and convicted of two acts of misconduct in terms of paragraph (f) of section 4 of Statutory Instrument 15 of 2006 to wit, gross incompetency or inefficiency in performance of work. A penalty of dismissal was imposed. An appeal at the workplace was unsuccessful. More
This is an appeal against the determination of the Designated Agent for the National Employment Council for Food and Allied Industries (NEC), handed down on 30 November 2020. The Designated Agent ruled that he had no jurisdiction to preside over the dispute between the appellants and the respondent, which concerned allegedly unprocedural retrenchment proceedings. More
