The Appellant employed the Respondent as a Till Controller at its Kwekwe Branch.
She was charged with an act of misconduct it being alleged that she had unsatisfactorily performed her work and lacked the necessary skills for a person employed in her capacity. She was found guilty and dismissed. She successfully challenged her dismissal before both the Local Joint Committee (LJC) and the Negotiating Committee (NC). This appeal is by the employer (Appellant) against the decision of the NC. which reversed its decision to dismiss. More
This is an appeal against an arbitral award.
Respondents are former employees of the Appellant. It seems that the last contracts signed were fixed term contracts running from 1st January 2012 to 31st March 2012. More
Appellant’s grounds of appeal as captured in the notice of appeal are that:-
- the National Employment Council Appeals Committee (NAC) grossly erred and misdirected herself on the facts and the law, such gross misdirection amounting to an error in terms of the law by setting aside the dismissal of the Respondent on alleged grounds of procedural defects when it was clear that the Respondent had a case to answer. More
Appellant’s grounds of appeal were four-fold and read as follows,
“1. The Code of Conduct used by the company to dismiss the Appellant is not registered with the NEC and therefore is inconsistent with the National Code or Labour Relations Act [Chapter 28:01].
2. The Disciplinary Hearing Committee misdirected itself on the facts and law.
3. The same committee’s hearing was motivated by bias.
4. The Disciplinary Hearing Committee conducted its proceedings in an irregular manner.” More
This is an appeal against the decision of Respondent’s Final Appeals Committee which upheld the tribunals aquo (Appeals Committee and Disciplinary Committee) verdict of guilty and penalty of dismissal imposed on the Appellant. More
