This is an appeal against an arbitral award in respect to one Sikirwai Gandi and Milestone Academy (MA). The arbitrator’s terms of reference were to determine whether or not the termination of the respondent’s contract of employment was lawful, the amount of salary arrears and the appropriate remedy.
The arbitrator found that the termination was unlawful and that Milestone Academy owed the respondent arrear salaries in the amount of $6 976-40. He ordered that the respondent be reinstated or alternatively that he be paid damages in lieu of reinstatement.
Before this court, a party known as Keith Robin Mungoshi filed... More
Applicant was employed by 1st Respondent as its Accounts Clerk. Applicant was suspended in June 2006 over allegations of misappropriation of funds and incompetence. The matter only saw the light of day when a report was made to the Labour Officer culminating in arbitration where the Arbitrator found in favour of applicant. Respondent appealed to this Court and in her judgment dated 27 September 2013 Justice Hove ordered that the matter be referred to the employer to hold a hearing within specified periods of time. More
The appellant seeks to appeal against an administrative decision by the employer not to proceed with his hearing after his resignation. Such an appeal if any cannot be made to this honourable court in terms of the Code of Conduct. The Code of Conduct (S.I.42/2022) only allows an appeal to lie to this honourable court against a decision of an appeals authority in determining a decision of a disciplinary committee. More
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