This is an application for review of the disciplinary proceedings undertaken by the Respondent at three levels of Respondent Disciplinary Structure as provided in the relevant Code of Conduct, being Delta Beverages Employment Code of Conduct (2003). The Applicant in his prayer seeks for an order to be granted in the following terms;
“1. Applicant’s application for review is granted
2. The Applicant is reinstated (without loss of wages and benefits)
3. The misconduct proceedings instituted in the 1st, 2nd and 3rd Hearing against the Applicant together with preference of charges, determination and penalty be and is hereby set aside... More
The appeal is noted against the arbitral award handed down on 3 May, 2010 wherein the Arbitrator upheld the conviction and consequently dismissal of Appellant by the Respondent for violation of the applicable code.
The material background facts are as follows:
The Appellant was employed by the Respondent as a Foreman, a managerial position. He was arraigned before a disciplinary hearing authority on the 5th of November, 2009 on allegations of 3 violations ofStatutory Instrument 15 of 2006of the National CodeSection 4 (a)i.e. any act of conduct or omission inconsistent with the fulfillment of the express or implied conditions of... More
At the conclusion of the oral submissions the court dismissed the appeal stating that the reasons would follow. The following are the reasons:
The appellant was employed by the respondent as a waitress. During the course of her duties she had occasion to attend to a customer who came in for breakfast with his invited persons. The customer, in appreciation of services rendered, wrote to the respondent via e-mail that he commended the respondent in a job well done. The respondent checked with the CCTV and documents and found that the appellant was the one who had served the customer.... More
The background to this matter is as follows:
The Respondents were being represented by Messrs Dube, Manikai and Hwacha. On 7 May 2013 Appellant filed her heads of argument and such heads were served upon Respondents’ legal practitioners. Respondents had 14 days within which to file its heads of arguments. For various reasons Respondents’ legal practitioners failed to file such heads of argument. On 4 June 2013 Respondents were served with a notice of set down to appear in this court on the 13th of June 2013. On 12 June 2013 Respondents’ lawyers filed a notice of renunciation of agency.... More
The background of the case is that on 12 February 2013 Appellant was requested to relieve the Managing Director’s Secretary, Lauren Maungana in the morning. When Lauren came back in the afternoon she discovered that the Appellant had accessed her profile and forwarded personal emails and part of her CV to one NaumeNyaira. NaumeNyaira had sent a response which indicated that she had received the said information. Appellant had deleted the emails in question from the “sent” folder. Lauren reported to the Human Resources Manager who held a counseling session with the two in an endeavour to resolve the matter... More
