This is an appeal against an award by an arbitrator. Before the merits of the appeal were argued, the respondent raised a point in limine. The respondent argued that the appellant had neither complied with the arbitral award nor applied for the suspension thereof pending the determination of the appeal. The respondent argued that an appeal against an arbitral award does not suspend its operation. It was submitted that under the circumstances, the appellant was not properly before the Court until it had purged its contempt. Mr Mugandiwa who appeared on behalf of the appellant argued that an appeal against... More
This matter came as an appeal against the arbitrator’s award which ordered the reinstatement of the Respondent to his former position at work without loss of benefits, alternatively that the Appellant company was to pay him damages in lieu of reinstatement if it was of the view that reinstatement was no longer possible.
The basic ground of appeal which was cited by the Appellant company was couched in the following words: ”The arbitrator failed to observe principles of natural justice as he conspicuously displayed bias against the applicant as he made a decision without calling parties to appear before him”... More
This is an application for leave to appeal against the decision of this court that was handed down on 9 February 2019. This court ordered the Applicant to reinstate the Respondent to his former position without loss of salaries and benefits and if reinstatement was no longer possible the Applicant was to pay Respondent damages in lieu of reinstatement. More
This is an appeal against the decision of the arbitrator. The facts in this matter are common cause and can be summarised in the following manner. More
This is an appeal against an Arbitral Award.
This appeal was set down for hearing on the 19th May, 2021. On this date, the appeal was postponed to the 27th May, 2021 at the Court’s instance after the Court had observed that, the matter that gave rise to the arbitral award was a matter which had been dealt with and determined in terms of the Labour (National Employment Code of Conduct) Regulations, Statutory Instrument 15 of 2006 (THE NATIONAL CODE). This position was accepted by both parties. More
