Appellant was in respondent’s employ as a stock controller. For a charge under category SUB-STANDARD PERFORMANCE, Appellant was charged with and found guilty of negligence for which a penalty of dismissal was imposed.
The basis of the charge was that, on the 1st of July, 2019 while on day shift, appellant dispatched a Bindura bound truck with trailer number 6849 loaded with 18 pallets of Chibuku super yet the recorded out load was 17 pallets of Chibuku super. As a stockcontroller, appellant was supposed to physically check andverify the quantities in each and every truck that comes in and goes... More
The appeal is noted against the determination of the Managing Director dated 21 November, 2012 which determination resulted in appellant’s conviction on the misconduct charges and the imposition of a dismissal penalty with immediate effect. More
This is an application for quantification of damages due to the applicant employees following the dismissal of the appeal by the employer at the Supreme Court. The background to the matter can be summarised as such. The employees lost their jobs with the employer on notice. They queried the termination of their services as they were of the view that the termination was not in sync with the provisions of section 12(4) of the labour Act as amended. They successfully challenged the termination both before the labour officer and before the labour court. The employer took the matter to the... More
This is an application for quantification of damages in lieu of reinstatement. Applicant was employed by the Respondent. Allegations of misconduct were levelled against leading to his conviction and subsequent dismissal from employment. He approached this Court on appeal but the appeal was dismissed. Applicant appealed to the Supreme Court and the decision of this Court was set aside with the Supreme Court issuing the following Order: More
On 7 May 2013 the Supreme Court gave the following order in a matter between the parties;
“1. The appeal is allowed with costs.
2. The judgment of the Labour Court is hereby set aside and substituted as
follows-
i) The appeal is dismissed with costs.
ii) The appellant shall reinstate the respondent to his former position without loss of salary and benefits or pay damages to the respondent in lieu of reinstatement.
3. The reasons for this order will follow in due course.”
After the Supreme Court order, appellant reported for duty but was advised that he was not... More
