This is an appeal from an arbitral award handed down on 16 September 2014, in terms of which the appellant was ordered to reinstate the respondents or pay them damages in lieu of reinstatement. More
Appellant was employed by the Respondent at its Mutawatawa District Hospital. Allegations of misconduct were levelled against him and he was brought before a Disciplinary Committee. He was found guilty on two charges and Not Guilty on the other two. One of the charges was withdrawn during the course of the hearing. Appellant is dissatisfied with this outcome and has approached this Court for relief. Appellant’s grounds of appeal . More
This is an appeal against the determination of the Designated Agent of the NEC for the Mining Industry, which determination is dated 30th of August, 2023. The appeal is opposed.
The material background facts to the matter are as follows. The 1st to 9th Respondents were all employed by the Appellant. They were engaged in various work underground and in other areas linked to production underground. They were engaged on the basis of monthly fixed term contracts. They had served for periods ranging for at least a year and above. They were terminated upon effluxion of time of their last... More
This is an application for confirmation of a ruling by a labour officer. The application is in terms of section 93(5a) and (5b) of the Labour Act, [Chapter 28:01]. (The Act). The application arises from a ruling where the 2nd respondent claimed that he had constructively been unlawfully dismissed. He sought to be paid damages thereof and terminal benefits. The claim of constructive dismissal was dismissed. However he was awarded terminal benefits of payment for leave days. Although he had claimed 43, 46 leave days he was granted 33, 95 as said to be admitted by the 1st respondent, the... More
Appellant was employed by the Respondent as its Managing Director. In 2018, the Auditor General was requested to carry out an audit and forensic investigation in the operations of ZESA Holdings and its subsidiary companies. The Auditor General in turn contracted PriceWaterhouseCoopers (PWC) to carry out the audit. The latter made a report to the Auditor General upon completion of the audit in January 2019. The audit report made certain findings and recommendations. In respect of Respondent’s books of accounts, it was stated that certain transactions had been made irregularly and it was recommended that Appellant be charged with misconduct.... More
