Most of the fact in this case appear common cause. They are as follows.
The appellant was employed as a clerk by the respondent council. She was responsible for receipting and banking funds on behalf of the respondent. In March 2000 a home seeker paid twenty thousand dollars towards the purchase of a house from council. The appellant received the money but she did not issue out a receipt. She did not bank the money but kept it in a council safe. The buyer one Charumbira, continuously asked for a receipt but she did not get one. However she was... More
On 26 October 2018 Applicant,qua Designated Agent, made a ruling. He ordered 1st Respondent (employer) to pay 2nd to 10th Respondents (employees) various amounts of money in respect of salary arrears & allowances. Apparently the employer did not comply with the ruling. Applicant then applied to this Court in terms of Section 93 (5a) of the Labour Act Chapter 28:01 for the confirmation of his ruling. The employer opposed the application. The employees supported the application. At the onset of oral argument in this Court the employer raised 3 points inlimine. More
On the 16th September 2022, respondent’s disciplinary authority dismissed appellant from employment for misconduct. Appellant then appealed to this Court in terms of section 92 D of the Labour Act Chapter 28:01. Respondent opposed the appeal. The grounds of appeal were four-field. They basically challenge the ruling on a preliminary point, sufficiency of the evidence led and the appropriateness of the penalty. More
This is an appeal against the whole judgment of the Labour Court (the court a quo) handed down on 9 March 2023. The court a quo dismissed the appellant’s appeal against the decision of the Disciplinary Hearing Authority which dismissed him from employment. More
This is an application for condonation of late noting of an appeal. It is trite that in order for the application to succeed, the following factors are considered:
a) Whether the extent of delay in noting the appeal is in ordinate considering the circumstances of the case.
b) Whether there is a reasonable explanation for the delay.
c) The prospects of success should the matter be heard on the merits. More
