This appeal raises one issue, whether an application for exemption made in terms of Statutory Instrument 102 of 2014, The Collective Bargaining Agreement: Welfare and Educational Institutions, suspends the obligation to pay the promulgated salaries and benefits
The background to this case is not in dispute. Statutory Instrument 57 of 2013 Collective Bargaining Agreement: Welfare and Educational Institutions was promulgated gazetting the applicable minimum wages for the period 1 May to 31 August 2009. The appellant had not effected any increments for respondents together with the other employees. It was not in dispute that the employees were entitled to backpays... More
Applicant applied for the review and reversal of 2nd respondent’s determination date-stamped 20 March 2015. Respondent/s opposed the application. The determination is filed of record. In the main it endorsed the “exemption agreement” between the employer (Peterhouse) and 129 employees wherein the parties agreed to waive stipulated wages. More
Respondents were employed by the Appellant as Game Scouts. It was alleged that during their duties, Respondents had connived with certain persons whom they are alleged to have granted access to Appellant’s premises for the purpose of poaching. The Respondents were found guilty of misconduct. An internal appeal failed, and Respondents approached the respective NEC for redress. The NEC overturned the decision of the internal appeals committee. Appellant is dissatisfied with the decision and has approached this Court for redress. The main contention is that the NEC admitted into evidence a letter allegedly written by a police officer which document... More
At the hearing of this matter I upheld the appeal and indicated that reasons would follow. These are they.
This is an appeal against the determination of Appeals Committee of the National Employment Council for the Welfare and Educational Institutions in Zimbabwe (NECWEI). Respondent was employed by the appellant as a grounds man. He was charged with wilful disobedience to a lawful order given by a person in authority and deliberately giving untrue, erroneous or misleading information or testimony whether verbally or in writing. He was found guilty and was dismissed from employment. Aggrieved with the dismissal, he appealed to... More
This matter was referred to me in terms of section 89 (2)(a)(i) of the Labour Act [Chapter 28:01] (hereafter called the Act) for determination on the record. More
