This is an application for condonation for late noting of appeal. The applicant was employed by the respondent. Following allegations of misconduct, the applicant was brought before a disciplinary committee. The applicant was charged with gross negligence. It was alleged that the applicant had been entrusted with an amount of $18 000 which was to be paid to the respondent’s employees as salaries. It was averred that the applicant had alleged that he had left this sum of money at the spot where he had had a breakdown with the motor cycle he was using. The applicant had alleged that... More
This is an application for condonation of late noting of an appeal. The application stems from the determination of a workplace Disciplinary Authority appointed in terms of the Labour (National Employment Code of Conduct) Regulations, Statutory Instrument 15 of 2006, (the National Code), in terms of which the applicant was found guilty of misconduct and dismissed from employment. More
On the 23rd January 2023 at Harare, the Registrar of Labour issued a determination which ruled as follows,
“1. The concrete products fall under CBA for Construction Industry as they have been dealing with concrete products.
2. The National Employment Council for Brick Making and Clay Products Manufacturing Industry continue operating but exclude all concrete products.
3. Both NEC to co-exist as primary and ancillary functions accordingly in terms of their scope of coverage.
I so determine.”
Then appellant appealed the ruling to this Court in terms of section 46 of the Labour Act Chapter 28:01 hereafter called the Act. More
It is clear that the parties are locked in dispute as to the extent of coverage of their respective sector or industry. The quoted statutory provision specifically refers such dispute to the Labour Court for determination.Respondent argued in general terms that the Labour Court is prohibited from issuing interdicts. The argument relates to the specific order which the Court may grant. That aspect of the case should be raised in due course when the parties deal with the merits of the case. The main point as appears from Section 46 is that this Court has jurisdiction over the matter. More
Applicant applied to this Court for “determination of extent or description of an undertaking of industry” in terms of Section 46 of the Labour Act Chapter 278:01 hereafter called the Act. Respondent opposed the application. More
