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
This is an application for condonation of the late filing of an appeal. At the commencement of the oral submissions, Ms Matongwana raised preliminary issues relating to the filing of documents by the Respondent. She stated that Respondent’s legal practitioners had not filed an Assumption of Agency as prescribed by the Rules. She also stated that the Respondent had filed the heads of argument two (2) days after the due date and had not applied for condonation. In response, Ms Mangoi stated that due the new system of filing of documents on the IECMS platform, Respondent only realized on perusal... More
