This judgment relates to an application for review and an appeal. These were heard as consolidated. In my judgment, I will start off with the common background facts, and then deal with the application for review and finally the appeal. More
The applicant was employed as an analysis clerk of the respondent.
On or about 24 March 2016, the applicant was suspended from duty on allegations of committing gross negligence in terms of the Code of Conduct for the Transport Operating Industry, Statutory Instrument 67 of 2012.
A disciplinary hearing was held on 14 April 2016. The disciplinary committee found the applicant guilty as charged but was deadlocked regarding the appropriate penalty.
The matter was then referred to the division operations manager. On 28 April the division operations manager confirmed the guilty verdict and pronounced a dismissal penalty with effect from... More
This is an appeal against the decision of an arbitrator sitting at Harare. It is trite that an appeal on a point of law only lies to this court from a decision by an Arbitrator. This is provided for in section 98(10) of the Labour Act [Cap 28; 01] (The Act).
This matter was referred to arbitration for the Arbitrator to make a determination on the following issues.
(a) Whether or not the claimants were legally on forced leave
(b) Whether or not the Respondent committed an unfair labour practice by not paying the claimed statutory obligation including wage shortfalls?... More
The Labour Court on 23 September, 2009 granted a default judgment in favour of the Respondent. On 14 July, 2010 Applicants filed simultaneously an application for condonation of late filing of an application for rescission as well as an application for rescission of judgment. More
