The brief background of this matter which is generally common cause is as follows:-- On the 13th December, 2016 applicant was brought before the 2nd respondent’s Disciplinary Committee on a charge of contravening clause 11.5 (f) of the Harare Municipal Undertaking, Statutory Instrument 171 of 2010. More
This is an appeal against an arbitral award.
The appellant was employed by the respondent initially as a tuck shop assistant in 2007. In 2009, she was transferred to work in the priest’s house designated as a cook but performing duties which included cleaning, hand laundering and she alleges stores too. She therefore essentially worked as a domestic worker as defined in the Domestic Workers Employment Regulations, 1992.
In September 2013, the appellant was further reassigned to the school kitchen to work as a cook. It appears that the appellant resisted this move and did not report for duty at... More
At the hearing of the appeal and cross appeal, in this matter, the appellant was in default despite proper service. I proceeded to dismiss the appeal with costs.
I however could not grant the cross appeal as prayed for by the respondent as the matter relates to the quantum of damages awarded to her least I would have fallen foul of the trite position that a court in assessing damages cannot simply pluck a figure from nowhere. I therefore reserved my judgment and this is it.
The respondent was employed as a bookkeeper though an issue in dispute related to... More
This is an application for stay of execution of an arbitral award in favour of the Respondent. The award was issued on 20 January 2014. On the 17 February 17 February 2014 Applicant noted an appeal against the arbitral award. The appeal is yet to be heard.
The Respondent opposed the application on the basis that it was made prematurely as the award had not yet been registered. Respondent also raised the issue that the application is not in the prescribed form and is therefore defective. Respondent further denied that there are prospects of success on appeal and that irreparable... More
This matter was referred to me for determination on the record as provided by section 89 (2)(a)(i) of the Labour Act Chapter 28:01(hereafter called the Act). More
