On 15th June 2015 Arbitrator N A Mutongoreni issued an arbitration award. He found that the respondent committed an unfair labour practice by failure to pay appellants’ wages amounting to US$97 383-68. However he ordered that the amount be paid over a period of twenty months. The appellants then appealed to this Court. The respondent opposed the appeal. More
This is an appeal against a decision of the Respondent’s Chief Executive Officer as the appellate body of the respondent which upheld the decision to dismiss the appellant from employment.
Having been aggrieved by the decision to dismiss him, the appellant appeals to this court on the following grounds:
(i) The employer grossly erred in convicting the Appellant in terms of Statutory Instrument 15/2006 yet the appellant was served with changes relating to Statutory Instrument 67/2012.
(ii) The appellant was charged with a non-existent offence.
(iii) There was inequality before the law.
(iv) There was no evidence warranting conviction.
(v)... More
In this case, the applicants are seeking condonation and extension of time within which to note an application for leave to appeal to the Supreme Court against a decision of the Labour Court.
The Labour Act [Chapter 28:01] (the act) requires a litigant who wishes to appeal to the Supreme Court against a judgment of the Labour Court to file an application for leave to appeal. Section 92F (2) provides that;
“Any party wishing to appeal from any decision of the Labour Court on a question of law in terms of subsection (1) shall seek from the President who made... More
This is an appeal against the decision of the National Employment Council for the Commercial Sectors Appeals Body (NECCS). It confirmed the Local Joint Committee (LJC) decision where it upheld the guilty verdict for appellant and confirmed his dismissal penalty. Background to the matter is that appellant who was in the respondent’s employ had occasion in November 2014 to be suspended from employment without pay and benefits following allegations of abusing his staff account to purchase goods using the same and taking the cash equivalent which the customers would have paid. He was also said to have increased his credit... More
At the onset of oral argument in this Court 1st respondent raised 3 (three) points in limine which applicant opposed. The points shall be dealt with ad seriatim.
1. That the deponent to the founding affidavit does not have authority to institute these proceedings:
The founding affidavit was deposed by Ms Lisa Zvinavashe in her capacity as the attorney for applicant. Respondent argued that Zvinavashe could not institute legal proceedings without a board resolution authorising her to do so. In furtherance of this argument reliance was placed on the matter of Dube v PSMAS 2019(3) ZLR 589 (S) at paragraph... More
