On 23 June 2025 this court handed down order LCH479/25 which read as follows:
“Appeal being merited it be and hereby succeeds.
Cross appeal being without merit be and is hereby set aside. The arbitral award is set aside in its entirety.
In the place of the arbitral award, parties may have a relook into the conduct which they classify as unfair dismissal together with the legitimate expectation issue as a single issue, taking into account the fact that, it is the employees’ view that they had a legitimate expectation of being re engaged by the employer which gave rise... 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 One of the charges was withdrawn during the course of the hearing.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 quantification of damages. Applicant was employed by Respondent. Allegations of misconduct were levelled against him. The Disciplinary Committee found the Applicant Not Guilty. An internal appeal by the Respondent saw the Applicant being found guilty culminating in his dismissal. Applicant appealed to this Court which upheld the decision of the Disciplinary Committee. Several applications and hearings were conducted in respect of this matter which finally landed in the Supreme Court. The Respondent’s application before that Superior Court was dismissed. This has led to the present application by the Applicant for quantification. This Court’s judgment was... More
On 12 December 2024, this Court issued a Disposal Order determining that Applicant’s intended collective job action was illegal and that it should be discontinued forthwith. Applicant is dissatisfied with that decision and intends to approach the Supreme Court for relief. This is therefore an application for leave to appeal to the Supreme Court in terms of section 92 F (2) of the Labour Act, (Chapter 28:01). More
