The applicant was dismissed from the respondent’s employ on 8th December 2020. He appealed internally. His appeal failed and he was advised of this on 18th December 2020.On 30th December 2020 he filed a notice of appeal with this Court. He however did not serve the respondent with such notice. This means that the respondent was not aware of the intended appeal . There is no proof of service on record. The said appeal was deemed abandoned for failure to file a certificate of service. It is not known as to when the abandonment occurred. It is against this background... More
Appellants were employed by Respondent in April 2011 as guards. Their contracts of employment were termination with effect from 30th June 2012. On 30th July 2012 Appellants approached the NEC appealing against unlawful dismissal/termination of contracts. The Grievance and Disciplinary Committee held that Respondent did not follow proper termination procedures and ordered their reinstatement without loss of salary and benefits with effect from date of unlawful termination. More
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
