The appellant was employed by the 1st respondent as an accountant in the Ministry of Lands, Agriculture, Water, Climate and Rural Resettlement. On 26 June 2018 the appellant was arraigned before a disciplinary committee to answer to allegations of misconduct. More
The procedural issues concern the decision made by the Human Resources Manager rather than the Managing Director. They also challenge the charges of misconduct on the basis that the charge was exaggerated and that the complainant was reluctant to press the charges. These complaints concern matters of procedure that is the disciplinary process. They do not deal with the merits of the decision made. Accordingly they ought to be raised by way of review rather than appeal, Section 89 (1)(d1) of the Labour Act Chapter 28:01 gives this Court powers of review in labour matters. Litigants keep overlooking this section... More
This is an application by the applicants seeking condonation of late noting of an application for recession of court order number LC/H/ORD/98/15.
The applicants in their draft order however seek not only the setting aside of LC/H/ORD/98/15 but also the setting aside of a judgment in case number LC/H/28/2017 and awards by arbitrators who had also dealt with the matter before it was placed before the Labour Court. More
This is a ruling on preliminary points taken before me by the 1st Respondent which points were opposed by the 2nd Respondent. It is however necessary to set out initially the background to the matter.
FACTUAL BACKGROUND
The 2nd Respondent was employed by the 1st Respondent as a driver. He was engaged on the basis of fixed term contract which later was converted to an open ended contract. His employment was terminated at the end of 2017. He thereafter, on the basis of Section 63 (3a) of the Labour Act [Cap 28:01] referred a claim of unfair dismissal, non-payment of... More
This matter was set down as an application for confirmation of a ruling in the case of Tonderai Mudavanhu and Meatsengo Butcheries. On the set down date the employer defaulted despite service hence setting the stage for a default judgment confirming the ruling. It however dawned on the court that notwithstanding the employer’s default it was apparent that the application was in breach of the law setting out how such matters had to be dealt with. See Isoquant v Darikwa (N.O) CCZ 6/20. More
