In an application for the review of the decision of the Registrar of Labour the 4th respondent raised a point in limine to the effect that it had been improperly joined to the proceedings. In response to that the applicant mentioned that there was no misjoinder taking into account the fact that it was the objection by the 4th respondent at the Registrar which birthed the Registrar’s refusal to register applicant’s CBA. It is clear from the record that had it not been for the objections by the 4th respondent the applicant’s CBA would have been registered by the Registrar.... More
This is an appeal against the determination of the Registrar of Labour where he allowed the registration of the Progressive Engineering, Metal Trades and Allied Workers Union (PEMTAWU) in the face of opposition by General Engineering, Metal, Iron, Steel and Allied
Workers Union (GEMISAWU), National Engineering Workers Union (NEWU) and Automative and Allied Workers Union of Zimbabwe (AAWUZ). Background to the matter is that PEMTAWU applied for registration as a trade union in terms of section 33 of the Labour Act. Such registration was challenged by GEMISAWU, NEWU and AAWUZ. After hearing oral submissions and looking at documentary evidence tendered... More
This is an appeal against an arbitral award handed down by Honourable T.C. Sengwe on 9 December 2014. The arbitrator ruled that the respondents were unlawfully dismissed and ordered their reinstatement to the appellant’s employment.
The brief facts of this matter are common cause. The respondents were employed by the appellant on fixed term contracts of employment. These were renewed monthly. The respondents’ employment was terminated when the contracts were not further renewed in 2014.
The respondents lodged a complaint with a Labour Officer,alleging unlawful dismissal. The matter was referred to arbitration, resulting in the arbitral award which is the... More
This is an application for leave to introduce evidence on appeal. The Respondents were employed by the Applicant. In 2009 Applicant introduced a retrenchment which the claimants accepted. A dispute arose regarding the payment of the retrenchment packages. The following issues were referred to arbitration. More
Applicant (“the employer”) has applied to this Court to uplift the bar operating against it as well as to condone the late noting of the upliftment of the bar in a case where it had appealed against a decision made by the arbitrator in favour of the Respondent (“employee”). More
