This is an appeal against the decision of the Hearing Officer who found Appellant guilty of misconduct culminating in his dismissal from employment. More
This is an appeal against an arbitral award handed down on 15 July 2012, in terms of which the appellant’s dismissal for various acts of misconduct was upheld.
The factual background to the matter can be summarised as follows.
The appellant was employed by the respondent as Operations Manager. In the papers on record, his position is variously described as General Manager, General Manager of Operations and Operations Manager. Whatever the precise designation is, the record shows that he was head of the respondent’s operations in Zimbabwe. The respondent is headquartered in South Africa, and also carries on business in... More
The Appellant was employed by the Respondent in 2005 as an International Bus Driver. He was dismissed from employment with effect from 17th of April, 2012 following his conviction on a charge of violating Sections 1.1 and 2.3 (GrossNegligence) of the relevant Code Statutory Instrument 94 of 1995. The allegations were that on the 2nd of March, 2012 the Appellant was involved in an accident whilst operating one of Respondent’s buses. The Appellant appealed to the Managing Director whichappeal was dismissed. Aggrieved the Appellant has noted his appeal against that decision with the Labour Court. More
Respondent stated that appellant’s attorney Mr Gwanyanya does not have right of audience in this Court as he did not file an Assumption of Agency. In response Gwanyanya stated that he uploaded an Assumption of Agency on 23 January 2024. A hard copy was produced. The point arose presumably because the appeal was filed by the employers association on behalf of appellant. However now that the Assumption has been filed albeit belatedly the point falls away. In any event respondent did not allege or prove any prejudice it suffered thereby. More
A brief background of the matter which has brought about this appeal, is that Respondent was Appellant’s employee as an Accounting Assistant Projects as from October, 2009. Prior to that he had been moved from Appellant’s employ to Zinwa and back after having joined Appellant in 1996.
On the 26th February, 2010 Respondent appeared before a Disciplinary Committee to answer nine charges of acts of misconduct. The Disciplinary Committee found him guilty of the said charges and he was dismissed from Appellant’s employ. More
