This is an appeal against an arbitrator’s decision barring Appellant from reinstituting proceedings against the Respondent. The brief facts are that the Respondent was employed by the Appellant as a Regional Manager based at Bindura. Respondent was charged for contravening sections 4(a) and 4(b) of Statutory Instrument 15of 2006 and was found guilty and dismissed from work. The matter was subsequently referred for conciliation where a certificate of settlement was issued. More
The matter came before me as a matter for a review of the decision for a review of the decision by the N.E.C’s decision by the Local Joint Committee in a case which involved the now Applicant(the employer) and the Respondent(the employee). On the date of hearing the Respondent raise points in limine which are the subject of this ruling. More
This is an appeal against a decision by an arbitrator. The grounds of appeal are that:
1) The Learned Arbitrator erred at law at in failing to find that the respondent was guilty of wilful obedience to a lawful order.
2) The Learned Arbitrator erred in failing to find that there were no mitigatorycircumstances and that dismissal was the appropriate penalty.
The respondent was employed by the appellant as a security guard. He was performing his duties at Delta, Mvurwi which is one of the appellant’s clients. During the performance of his duties he caused the arrest and subsequent dismissal... More
The respondents were employed by the appellant as security guards. Following the respondents’ visit to the appellant’s offices in Harare to claim arrear salaries, the respondents were charged with absenteeism and were dismissed. The matter ended up in arbitration and the arbitrator found in favour of the respondents. The appellant is dissatisfied with the award and has appealed to this court. More
