Two issues are the subject of this review. These are:-
(1) Whether a referral to the company executive was unlawful and
(2) Whether or not the court can order reinstatement. More
On 2 October 2014 at Harare, arbitrator C TKadenga issued an arbitration award. She ordered respondent to pay appellant an amount of USD423.52 for leave days. Appellant then appealed to this court. Respondent opposed the appeal. More
Parties failed to agree on quantum and the matter was therefore argued before me. However, when the matter was argued the matter took long with most of the time being spent on the cross examination of the applicant by the respondent’s legal practitioner. Some of the questions asked were to do with the size of a particular section of a hotel or hotels at which the applicant worked. I am not sure whether there was any benefit from that lengthy time of cross examination. I believe that when legal practitioners lead evidence and cross examine witnesses, they do so in... More
The appellant was employed as an internal guard a grade 2 position by the respondent in 2003. Appellant subsequently resigned in 2013. The position he held at the time of resignation forms the basis of this appeal. It is not in dispute that appellant was promoted to the position of Lance Corporal in 2007 and in 2008 he was promoted to the position of Corporal being a grade 6 position. The promotions were by way of letters from the managing director. According to appellant in the later part of 2008 appellant’s duties changed to that of security supervisor. The appellant’s... More
The background facts of this matter are that the Applicant was employed by the Respondent as a Forklift Driver. Allegations of misconduct were raised against him and he was found guilty by a Disciplinary Committee set up in terms of the relevant Code of Conduct. He appealed to the Appeals Committee which upheld the decision by the Disciplinary Committee More
