On 14 March 2023, the Supreme Court set aside this Court’s judgment and made the following Order:
“1. The appeal be and is hereby allowed with costs.
2. The judgment of the court a quo be and is hereby set aside and substituted with the appeal be and is hereby allowed. More
This is an appeal against an arbitral award in favour of respondent. Appellants were employed by respondent. Initially they were employed by Air Zimbabwe Holdings Ltd. In 2009 appellants were sent notices of intention to retrenchment. The retrenchment was challenged and there were protracted negotiations. Subsequently retrenchment packages were agreed to on an individual basis. Air Zimbabwe Holdings disbanded in 2012 forming respondent and Air Zimbabwe (Pvt) Ltd. More
Four preliminary points were raised for the respondents that the appellants were fugitives from justice they should not be heard, that the grounds of appeal raise procedural issues therefore an application for review should have been made, that the grounds of appeal donot raise questions of law and that the appellant waived their right to appeal. More
- Appellant was in Respondent’s employ as a Trust Plant Manager at the Graniteside Branch.
- By a letter dated the 16th of May, 2014 he was suspended pending investigations into gross acts of misconduct.
- By a letter dated the 21st May 2014, Appellant was advised of a disciplinary hearing on the 28th May, 2014 at 4 pm. The charge was:
“any act, conduct or omission inconsistent with the fulfilment of the express or implied conditions of his contract”
In terms of the National Employment Code of Conduct Statutory Instrument 15 of 2006.
- The said letter stated,
“Please... More
