The Applicant seeks in this application to have reviewed the decision by the 1st and 2nd Respondents, jointly or one of them with the approval of the other to approve an investigator to investigate the affairs of the Applicant contrary to the provisions of Section 63 and Section 63A of the Labour Act [CAP 28:01] and without any other legal basis whatsoever. The 1st and 2nd Respondent announced the appointment of the investigator in a letter dated 22 January 2024 (attached as Annexure 4 to Applicant’s papers). There is attached to this letter a letter containing a complaint addressed to... 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
