Appellant’s attorney summarised the grounds of appeal in triplicate thus;
1. The Health Services Board (HSB) erred in failing to find that the charges against appellant were not proven.
2. HSB erred by imposing a penalty not provided for by the Health Service Regulations. (The attorney did not bother to cite the Regulations ‘ reference numbers).
3. HSB erred in failing to find that the dismissal was unreasonable and irrational. More
This is an application for condonation for late filing of an application for review of an arbitration award against the applicant.
The award being sought to be brought on review to the Labour Court was entered on 13 January 2016.
The award being sought to be brought on review was granted in default by the arbitrator. The applicant has not sought to apply to the arbitrator to have it rescinded on showing good cause for its default.
It has sought to bring the matter on review before the Labour Court but they are out of time, hence this application for... More
At the hearing of this matter respondent raised a point in limine which is the subject of this judgment.
Appellant noted an appeal on 9 October 2015. The notice of appeal has twenty-four pages. The grounds of appeal are in pages 19 to 24, numbering 9 with each having four or more subsections. In summary, Appellant is aggrieved by
1) failure by the Arbitrator to comply with the Supreme Court Civil Appeal NO SC 129/11 of 28 March 2014;
2) failure by the Arbitrator to comply with the Labour Court Judgment NO. LC/H/541/14 of 15 August 2014 as amended on... More
The appellant was employed by the respondent as a teacher and stationed at Hanwa Primary School in Mashonaland East Province. He was charged on allegations of contravening paragraphs 1, 2 and 24 of the first schedule (section 2) of the Public Service Regulations (S I 1 of 2000). The grounds upon which the allegations were based were that he absented himself from duty without good cause or permission from 9 January 2010 to 1 March 2010, a total of forty eight days. More
The matter was placed before me as an appeal against an arbitral award wherein the Arbitrator had directed that the Appellant pay the Respondents the total amount of US$33 152.60 n underpayments. The Appellant was seeking the setting aside of the award. The appeal was opposed by the Respondent.
The parties appeared before the court on at least three occasions. On the last two occasions the matter was postponed to enable the parties to engage each other with a view to a possible out of court settlement of the matter. On the 23rd of May 2016 both parties appeared in... More
