The respondents are former employees of the appellant. The borne of contention is the classification of the appellant as to which National Employment Council (NEC) it belongs for a proper determination of the respondents grades and salaries.
The respondents’ contracts of employment were terminated in March 2015. A dispute ensued as to whether the termination was lawful. The parties eventually settled the matter before a conciliator. The respondents’ terminal benefits were paid. More
This is an application for rescission of Judgment granted by this court on 29 July 2013 dismissing the applicants’ appeal.
On 8 January 2014the applicants applied for rescission of the default order.
The factors to be considered in an application such as this one are;
• length of delay in applying for rescission.
• reasons for the default.
• prospects of success, and balance of convenience. More
The following factual background is common cause:-
- that Appellant had been in Respondent’s employ for 16 years and at the time the issue giving rise to this appeal arose, he was based at Respondent’s Marondera branch.
- that on or before the 16th May 2011 Appellant and Respondent’s General Manager Mr Madovi had some discussion which led to Appellant verbally tendering his resignation from Respondent’s employ
- that on the 16th May 2011 Appellant reduced the verbal resignation into writing.
- that on the same day the 16th May 2011 the General Manager Mr Madovi went to Marondera where... More