On 5 December 2023 this Court issued an order striking out the respondents opposing papers and ordered that the appeal should proceed as an unopposed matter. Following that order, the appeal was subsequently allowed and the decision of the designated agent which had been appealed against was set aside. The appellant was to be reinstated or paid damages in lieu of reinstatement. This subsequent order was issued on 6 December 2023. The then responded now seeks to challenge the order of the 6th of December2023 in this application for condonation and rescission of judgment. More
The 1st and 2nd Respondents referred complaints of alleged unfair practice, unlawful termination of employment contracts, non- payment of wages and allowances. It is common cause this was during the Covid-19 period where employees were being requested to stay at home. Before the Designated Agent 1st and 2nd Respondents (who were claimants) submitted that 1st Respondent was engaged on 1st December, 2007 and was later elevated to position of Floor Supervisor Grade 10 in 2013, 2nd Respondent was employed in 25th December 2014 as a senior section cook Grade 6. They submitted that in February 2020 they reached agreement with... More
This is an appeal against an arbitral decision declining jurisdiction to deal with the matter. In 2004 the Appellants were dismissed from employment. In 2006 their reinstatement was ordered by the Midlands Local Joint Committee. The decision to reinstate was affirmed by the Negotiating Committee after the Respondent appealed. Thereafter the Respondent noted an appeal against that decision in this Court. The appeal was noted on 14 June 2013. The Respondent did not comply with the order of reinstatement. The matter was referred for compulsory arbitration for quantification of damages. More
At the hearing of this matter Respondent raised a point in limine. Respondent submitted that the appeal was not in compliance with Rule 15 (1) (a) which stipulates that three copies of form LC3 must be completed. He went on to say that from Appellant’s notice of appeal it is clear that rules of Court were not followed and this is a fatal omission. Proper reasons must be given for a departure from the rules of this Court. In casu Applicant has not given any, and has not asked for condonation. Respondent submitted that the appeal is non-existent and must... More
The appellant is challenging the decision of the Negotiating Committee dated 22 March, 2011 which decision upheld an earlier determination by the Mashonaland Local Joint Committee to reinstate the five (5) respondents without loss of salary and benefits from the date of dismissal.
The material background facts to the matter are as follows;
The five (5) respondents were all employed by the appellant in various capacities that included a shop salesmen, a storekeeper and a till operator. They were all employed to work within one of the appellant’s stores. During the period 8 April 2010 to 19 August 2010 two... More
