The brief background of the matter is that the appellant is employed by the respondent. He was employed at the Mazowe Catchment as Loss Control Officer from 16 October 2006 to August 2011. It has been submitted that his duties involved safeguarding and protecting ZINWA resources from damages, theft and any other potential losses and hazards. It is alleged that in April 2011 during the Easter Holiday the appellant went to Goromonzi Water Supply Station and took away some pipes belonging to ZINWA without authority from his superiors. By then he was on study leave. It has also been submitted... More
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
Applicant applied to this Court for condonation of a belated application for leave to appeal to the Supreme Court. The application was made in terms of Rule 14 as read with Rule 32 of the Labour Court Rules, 2017. Respondent opposed the application.
At the onset of oral argument respondent raised three (3) points in limine which shall be dealt with in turn. 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 The applicant has not sought to apply to the arbitrator to have it rescinded on showing good cause for its default.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
