The brief history of this matter is that – On the 10th of September 2004 Honourable arbitrator H. Muchinako made an arbitral award which was in the favour of the Respondent. He ordered that the Respondent should be reinstated with back pay from 2002 to the date of reinstatement without loss of salary and benefits. On the 30th of January 2005 the appellant reinstated the Respondent to his job but he did not pay him part of his salary arrears. The Respondent then applied for quantification in 2013. Meanwhile in 2010 the undertaking registered a Collective Bargaining Agreement More
Facts of the case are that the appellant who was in the employment of the civil service as a teacher based at Chinyika Secondary School allegedly asked a pupil one Natasha to have a love relationship with him and also commented that her breasts were sexy. These events took place from beginning of first term 2012 to 3rd term of that same year. He was also said to have patted Natasha inappropriately on the cheeks, exchanged vulgar words with her on one occasion and also caused her to pick up papers in the school yard during lesson time. He was... More
The appellant was employed by the respondent as a teacher, and was based at Chinyika Secondary School, Goromonzi District, Mashonaland East Province. In October 2012, he was charged with misconduct, in terms of the Public Service Regulations Statutory Instrument 1 of 2000, paragraph 1, 7 and 24 of the First Schedule (the Regulations).
The factual particulars of the misconduct were that the appellant improperly associated with minors, who were pupils at the school where he was stationed. He made inappropriate remarks to Natasha Ngarura, a form 2 pupil, to the effect that she was beautiful and had sexy breasts. He... More
This is an application for review of the disciplinary proceedings conducted by the respondent’s Disciplinary Authority on 3 February 2015, which resulted in the applicant being found guilty of misconduct and being discharged from employment as a consequence thereof.
The background to the matter reveals protracted disciplinary litigation dating back to 2012. The applicant was employed by the respondent as a teacher, and was stationed at Chinyika Secondary School, in the Goromonzi District, Mashonaland East Province. In October 2012, he was charged with misconduct, in terms of the Public Service Regulations, Statutory Instrument 1 of 2000, paragraphs 1, 7 and... More
Ruziwa issued a determination. He ordered appellant (employer) to pay respondent (employee) outstanding
salaries, allowances and NSSA deductions. The employer then appealed to this Court in terms
of section 92D of the Labour Act Chapter 28:01 hereafter called the Act. More
