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
After hearing submissions from both parties, I delivered an ex tempore judgment in which I dismissed the application. These are the full reasons for the ex tempore judgment.
This is an application for rescission of judgment. It arises from a judgment handed down by this court (per MAKAMURE J) on 9 August 2019, in terms of which an application for confirmation of a draft ruling made by the 2nd respondent was dismissed. More
This is an appeal against an arbitral award issued on 3 June 2015 in favour of the respondents. The respondents were employed by the appellant in various capacities. They were being paid wages below the stipulated amount resulting in them referring the matter to conciliation. The matter could not be settled at conciliation and was subsequently referred to arbitration. The arbitrator ruled that each of the respondents was underpaid by an amount of $4 495.86. Appellant was ordered to pay a total of $13 487.58 for the period June 2012 to June 2014.
Aggrieved, appellant noted the present appeal. Grounds... More
The Appellant was employed by Concorde Clothing (1975). On 6 September, 2011, the Chief Executive Officer of Concorde, Mr Patel was doing his routine visit of the operations at Bonar Industries and he saw the Appellant sitted while his colleagues were working. The Chief Executive Officer asked him why he was not working; the Appellant did not respond; he remained sitted. After a moment, he stood up, put his hands in his pocket and walked away without saying anything. More
