The Appellant in this matter was wrongly cited as J.C. Gumbi (instead of Memory Marimira.) J.C. Gumbi is a representative from the Zimbabwe Rural District Workers Union (the union). The facts are that when Memory Marimira the actual Appellant approached the Union J.C. Gumbi noted an appeal against Respondent in his personal capacity. When the Respondent’s representative realised this they challenged J.C. Gumbi’s locus standi. Instead in its heads of argument the then Appellant J.C. Gumbi sought to justify what he termed a mistake. On the date of hearing a different representative from the Union appeared before the Court. He... More
This is an appeal against the decision of an arbitrator sitting at Harare. The sixteen respondents are former employees of the appellant. They were retrenched by the appellant after being placed on some form of leave “garden leave” which placed them “on call” – i.e. they did not go to work but had to be prepared to go to work whenever called upon to do so by the appellant. Consequently they were unable to meaningfully make private arrangements. As a result of this they aver that they are still owed their leave days. Should that be the case they should... More
This is an old matter, an application for review. It is undesirable that a matter should be in the dispute resolution for more than nine (9) months let alone nine years. More
This matter was brought to this court for both appeal and review purposes. However before the matter could be argued a point in limine was raised on behalf of the respondents. It was submitted that the appellant is not properly before the court. It was argued that the appellant did not comply with the award being appealed against. For that reason Mr Marimo who appeared on behalf of the respondents submitted that the appellant is in contempt of court and therefore should not be heard. More
