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This is an appeal against an arbitration award. The respondent was employed by the appellant as a Business Planning Manager. He has since been retrenched. While still in the employ of the appellant the respondent raised a complaint of alleged unfair labour practices by way of non-payment of salary arrears and other allowances. The grievance was referred for conciliation which failed. Subsequently the matter was referred to arbitration. More

The respondent raised two preliminary points for determination before the disposal of this appeal. It was submitted that the appellant has dirty hands and therefore is improperly before the court and that the grounds of appeal do not raise questions of law as envisaged by section 98 (10) of the Labour Act [Chapter 28:01]”the Act”. More

Respondent was employed by appellant. Following allegations of misconduct, respondent was hauled before a disciplinary committee which found him guilty and ordered his transfer and reduction in rank in that he was to go to a non-school institution. The matter ended up in arbitration. The first arbitral award was in favour of appellant. Respondent appealed to this Court and the parties appeared before Justice Musariri. At that hearing the Learned Judge made an order for the matter to be remitted to the same arbitrator. Whilst appearing before the arbitrator the parties were not agreed on the terms of reference to... More

The Respondent was employed by Appellant as a Handyperson grade B2. He was employed as from 1st December 1970 to March 2021. The Appellant is a High School which is run by the Methodist Church in Zimbabwe. Upon his retirement in March 2021 the Appellant paid out to Respondent his pension benefits from Old Mutual in the amount of $426 698.78. The Respondent however after carrying out a comparison of his entitlement to gratuity as provided under Section 20 of Statutory Instrument 102 of 2014 with the pension paid out realised that it was more beneficial to claim for gratuity... More

At the hearing of this matter respondent raised points in limine which are the subject of this judgment. More