At the onset of oral argument in this Court Respondent raised 3 (three) points in limine
which the Applicant opposed. The Court shall deal with the points ad seriatim. More
At the onset of the hearing by this Court the parties’ attorneys waived oral argument. It was agreed that the Court proceeds to determine the matter on basis of the documents filed of record.
Applicant applied for the reinstatement of his appeal in terms of Rule 36 of the Labour Court Rules, 2017 More
This is an appeal against the decision of an Arbitratorsitting at Harare.Before the appeal could be argued respondent raised a point in liminethat the appellant has approached this court with dirty hands. The respondent submitted that the appellant approached this court before complying with the decision of the Arbitrator. It is trite that in terms of Section 92 E (2) of the Labour Act [Cap 28:01] (The Act) an appeal does not suspend the operation of the decision appealed against. Further Section 92 E(3) of the Act provides a party with a chance to apply for the suspension of the... More
This is an application for interim Relief as provided for in section 92 E(3) of the Labour Act [Cap 28:01] as read with section 17 of the Labour Court Rules (SI 159/06). More
Appellant’s prayer in her claim before the Arbitrator was that since she was then employed on a contract without limit of time, she was entitled to three months’ notice of $2 700,00.
The term of reference to the Arbitrator which the Arbitrator considered was –
“whether or not claimant had a legitimate expectation that her contract of employment would be renewed for a further period of 6 months.
If so, the remedy thereof.” More