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This matter was set down for Mutare Circuit as an appeal at the instance of the appellant employer against a decision which was made in favour of the respondent employee by the arbitrator on 26 June 2015. More

This is an appeal against an arbitral award. More

The brief history of this matter is that – On the 10th of September 2004 Honourable arbitrator H. Muchinako made an arbitral award which was in the favour of the Respondent. He ordered that the Respondent should be reinstated with back pay from 2002 to the date of reinstatement without loss of salary and benefits. On the 30th of January 2005 the appellant reinstated the Respondent to his job but he did not pay him part of his salary arrears. The Respondent then applied for quantification in 2013. Meanwhile in 2010 the undertaking registered a Collective Bargaining Agreement More

Facts of the case are that the appellant who was in the employment of the civil service as a teacher based at Chinyika Secondary School allegedly asked a pupil one Natasha to have a love relationship with him and also commented that her breasts were sexy. These events took place from beginning of first term 2012 to 3rd term of that same year. He was also said to have patted Natasha inappropriately on the cheeks, exchanged vulgar words with her on one occasion and also caused her to pick up papers in the school yard during lesson time. He was... More

The appellant was employed by the respondent as a teacher, and was based at Chinyika Secondary School, Goromonzi District, Mashonaland East Province. In October 2012, he was charged with misconduct, in terms of the Public Service Regulations Statutory Instrument 1 of 2000, paragraph 1, 7 and 24 of the First Schedule (the Regulations). The factual particulars of the misconduct were that the appellant improperly associated with minors, who were pupils at the school where he was stationed. He made inappropriate remarks to Natasha Ngarura, a form 2 pupil, to the effect that she was beautiful and had sexy breasts. He... More