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
This is an application for rescission of a default judgment, upliftment of bar and condonation for late filing of heads of argument, filed on 17 August 2015.
The background to this matter is common cause. The applicant was employed by the respondent as a Purchasing Clerk. He was dismissed from employment in March 2015 following disciplinary proceedings in which he was found guilty of misconduct, in terms of the respondent’s Code of Conduct. The charges involved were “Sub-standard performance of work and Theft/Fraud/Dishonesty”.
On 14 April 2014 the applicant filed an application for review with this court.He sought to set... More
This is an appeal against an arbitral award granted in favour of the respondents at Harare on 11th February 2013.
The brief facts of this matter are that the respondents who are former employees of the appellant were voluntarily retrenched in terms of the respective agreements it entered into with them. Out of the agreements one issue was not met by the appellant. This is with respect to their bonus payments. The parties failed to agree on the interpretation of the paragraph relating to the payment of bonus. The matter was referred to conciliation. Parties failed to agree and the... More
On 23 September 2013 this court issued an order dismissing with costs the application for stay of execution. A request has been made for reasons for the order and I outline the reasons in the following judgment. More
The Applicant was employed by the Respondent as a Personal Assistant to the Director of the Respondent. He was engaged on the basis of a contract without fixed duration from January 2023 to April 2023 when the contract of employment was terminated. Aggrieved the Applicant lodged a claim of unfair dismissal with the Designated Agent National Employment Council Mining Industry. On the basis of section 12(4)(a) of the Labour Act [Chapter 28:01] he believed he was entitled to three months’ notice. As he had been earning a salary of USD 1000 per month, he was thus claiming US$3000. More
