This is an application sui generis. The facts of the matter are briefly as follows. Respondent was employed by the applicant. Following allegations of misconduct, respondent was brought before a disciplinary committee which found him guilty and recommended his dismissal. The matter was later referred to arbitration and finally ended up at the Labour Court. Respondent’s dismissal was upheld. It should be noted that since the dismissal of the matter at the Labour Court sitting at Gweru, respondent has approached the High Court and the Labour Court with various applications. This is the reason why applicant has approached this Court... More
This is an appeal against the decision of Honourable Arbitrator Fidelis Matanhire that was handed down on 12 February 2016. The award states as follows:
“In light of the above arguments and evidence placed before me, it is my observation and determination that the Claimant was constructively dismissed and thus should be
(i) Reinstated without loss of salary and benefits or
(ii) If this is not possible, parties to negotiate for damages for loss of employment within twenty one (21) days from receipt of this award.
(iii) Thereafter, any party may approach this tribunal for quantification and registration of the... More
The appeal was noted against an arbitral award handed down on 20 September 2011.
The background facts are as follows;
The Respondent was employed by the Appellant as a Truck Driver. He was engaged from the 25 August 2010 to the 28th October 2010. It is not clear from the record the status of his employment contract. The Appellant submits he was on probation contract a point disputed by the Respondent. The Respondent submitted he was on an (oral) contract without limit of time. More
This is an application for rescission of a default judgment, upliftment of bar and condonation for late filing of heads of argument, filed on 17 August 2015.
The background to this matter is common cause. The applicant was employed by the respondent as a Purchasing Clerk. He was dismissed from employment in March 2015 following disciplinary proceedings in which he was found guilty of misconduct, in terms of the respondent’s Code of Conduct. The charges involved were “Sub-standard performance of work and Theft/Fraud/Dishonesty”.
On 14 April 2014 the applicant filed an application for review with this court.He sought to set... More
This is an appeal against an arbitral award granted in favour of the respondents at Harare on 11th February 2013.
The brief facts of this matter are that the respondents who are former employees of the appellant were voluntarily retrenched in terms of the respective agreements it entered into with them. Out of the agreements one issue was not met by the appellant. This is with respect to their bonus payments. The parties failed to agree on the interpretation of the paragraph relating to the payment of bonus. The matter was referred to conciliation. Parties failed to agree and the... More
