On 29th March 2012 the Honourable E.F. Chitsa made an arbitration award. In
terms thereof he upheld Respondent’s termination of Appellant’s employment. Appellant then appealed to this Court. Respondent opposed the appeal. However at the hearing the matter took a dramatic turn. Both parties agreed that the disciplinary proceedings by Respondent against Appellant used wrong procedures. Respondent no longer opposed the appeal. However it had issues with the relief Appellant sought. At the conclusion of his oral argument, Appellant’s attorney prayed that the arbitration award be set aside. In addition he prayed for the reinstatement of Appellant by Respondent. More
Thematter was heard before me as an application for condonation of late noting of an appeal against an arbitral award by the Honourable Madziya dated 18th of May 2015.
The material background facts to the matter are as follows;
The Respondent was employed by the Applicant as a credit controller in 2005. In 2006 he was promoted to the position of Sales and Maintenance Officer which was a managerial position. He was earning a net salary of US$ 600.00 and allowances. The Respondent referred a claim for arrear salaries, backpays from 2012 and benefits. The matter was eventually referred to... More
The background is common cause and it is that sometime in 2011 this court quantified amounts due to the applicant as damages for unlawful loss of employment with the Respondent. More
