The facts of this matter are not in dispute. They are that the appellant was in the employ of the respondent as a back-splitter at its Masvingo abattoir with effect from May 2009. He worked without incident until 17 February 2014 when he was suspended from duty for taking liquid soap to clean his work clothes that is his work helmet, gumboots and apron,
at the employer’s premises. More
This is an application for rescission of a judgment entered by consent of both parties on the 1st of October 2012.
After the consent judgment was entered Respondent was reinstated and was to be paid some stated monies as damages. However on the 21st of November 2012 Respondent resigned from Applicant’s employ. Respondent stated the reason for his resignation as that he was running a casino which he had been running since his dismissal. Upon receipt of the resignation letter Applicant was of the view that the reason for resignation showed that Respondent had found alternative employment. Therefore he was... More
This matter was set down in terms of rule 19(3) (a) of the Labour Court Rules. Appellant had filed heads of argument at the time of hearing. Counsel for Appellant applied for condonation for late filing of such heads. Respondent did not oppose the application. Respondent had also filed his heads on the date of hearing. Both parties consented to having the matter heard on the merits. They indicated they were prepared to argue the matter. I decided to hear the matter on the merits. More
The following are the grounds of appeal and I quote:
1. ‘The Tribunal a quo erred and misdirected itself on a point of law in failing to appreciate that the essential elements of the offence of embezzlement had not been proven. More
