This is an application for review of the proceedings of the disciplinary committee. Initially the review was based on six grounds but they were reduced to two as the other four were abandoned. More
The applicant seeks leave to appeal against my judgement of the 22ndJanuary, 2016.
The application is opposed by the respondent on the basis that the applicant having failed to filed its Heads of Argument within 14 days of receipt of the respondent’s Notice of Response the applicant is technically barred and therefore has no right of audience before the court. More
The applicant was employed by the respondent as its General Manager under the Properties Division. The Division was later established into a company called Old Mutual Investment Group - Property Investments. In June 2010 the respondent sought permission from the Retrenchment Board to retrench the applicant. The Retrenchment Board granted authority. The applicant was aggrieved by the decision of the Retrenchment Board and referred a complaint to the labour officer. A certificate of no settlement having been then issued the matter was referred to compulsory arbitration under section 93 of the Labour Act [Cap 28:01]. More
The matter was placed before me as an application for condonation of late noting of appeal.
On the date of hearing the Respondent took a point in limine that by virtue of the provisions in Section 92 of the Labour Act [Cap 28:01]which provisions limit representation of parties in the Labour Court to registered legal practitioners or official/employees of registered trade union/employer organization of which the employee is a member; that it being very clear that by the time of his dismissal the Applicant was not a member of any trade union affiliated toZimbabwe Congress of Trade Union(Z.C.T.U.) and that... More
