This is a chamber application for condonation of late filing of appeal against a decision of the Respondent’s Disciplinary Committee. Applicants were dismissed on 25 September 2012. The letters notifying them of the results of the disciplinary hearing and penalty of dismissal have an endorsement “refused to sign”. Applicants however claim that they were not given a dismissal letter but were given minutes of the hearing. They further claim to have been advised by NECCS for Agriculture that they were out of time to appeal. They also indicate that at the Ministry of Labour the Respondent said the Labour Officer... More
The Respondent worked for Appellant as a Till Operator. He was dismissed from employment with effect from 29 October, 2010 on a charge of UNSATISFACTORYWORK; PERFORMANCE.It was Respondent’s case that firstly, on the 11th of September, 2010 he took an orange drink and vanilla biscuits to another till operator, Joseph Dube. Although the till operator rang the goods on his till, the Respondent did not pay for the goods.Secondly, on several occasions between the 23rd September, 2010 and 27th September, 2010 the Respondent incurred shortages amounting to $131, 77 as follows;
22/09/10 $15, 09
23/09/10 $61, 66
24/09/12 $19, 48... More
This is an application for leave to appeal judgment LC/H/223/20, a judgment of this court. The respondent hasraised two preliminary issues. These are:
(i) That the judgment was a default judgment and therefore not appealable andthat the proper course of action is to apply for rescission and
(ii) That the application should be heard by a judge in chambers and not in open court. It was argued on behalf of the respondent that the application or leave ought to have been done through a Chamber Book.
In support of his submission on when or before who an application for leave... More
This is an appeal against the decision of the Chief Designated Agent of the Negotiating Committee of the National Employment Council for the Commercial Sectors of Zimbabwe upholding a decision of its Local Joint Committee overturning the respondent’s dismissal of the respondent from its employ following disciplinary proceedings. The respondent had preliminary issues to raise. However , at the commencement of the hearing Mr Muhambi who represented the respondent abandoned the preliminary issues so that the merits of the case could be considered. That was commendable as this expedites finality to litigation. The facts of this matter appear not to... More
Respondent was employed by the appellant as a property manager. Following allegations of misconduct, respondent was brought before a Disciplinary Committee which found him guilty and recommended his dismissal.
The matter ended up in arbitration and the arbitrator found in favour of the respondent thus reversing the decision of the Disciplinary Committee. Appellant is aggrieved by this decision and has appealed to this court. More
