Most of the facts in this matter are common cause. Respondent was in the employ of the appellant. Following allegations of misconduct, respondent was suspended by the appellant. No disciplinary hearing was held resulting in the respondent being called back to work. Respondent was re-suspended on 21 March 2011. An attempt was made to hold a disciplinary hearing but this was not concluded. The respondent took the matter to the Labour Officer and the matter was referred to arbitration. The arbitrator found the respondent guilty on the one charge and not guilty on the other. Further, the arbitrator ordered payment... More
Respondent faced allegations of misconduct and a hearing was given. Meanwhile, Respondent attended at a Doctor’s rooms and the Doctor instructed that she take a rest. This was communicated to the Respondent through the Matron who was a senior supervisor at Respondent’s work-station. Meanwhile, Respondent’s representatives approached the Respondent with a view to having the matter postponed to a further date for a hearing. This was not entertained by the Hearing Officer who ruled that the matter was to proceed. The matter was heard in Respondent’s absence. Respondent made an application for review to this Court. Both parties filed submissions... More
Arbitrator J Madziya, issued an arbitration award at Harare date-stamped
25 November 2015. He ordered appellant to reinstate respondent or pay her damages in lieu of reinstatement. Appellant then appealed to this court against the award. Respondent opposed the appeal. More
This is an application for leave to appeal a judgment of this court to the Supreme Court.
Appeals from this court to the Supreme Court are provided for in section 92 F (1) of the Labour Act [Chapter 28:01] (The Act) which reads:
“(1) An appeal on a question of law only shall lie to the Supreme Court from any decision of the Labour Court.”
It is therefore trite that only questions or a question of law should be raised as grounds of appeal. More
On 5 July 2012 the Honourable P Shawatu made an arbitration award. The operative part ruled that,
“1. The parties i.e. Zibawu and Beaz, are hereby ordered that clause 6 of the July
2010 to December 2011 Collective Bargaining Agreement meant that the year
on year inflation figure for every Collective Bargaining Cycle was to be used as the starting point in negotiating salary increases in each and every Collective Bargaining Cycle.
2. The parties are further ordered that the appropriate percentage is 10% which should be used to adjust the salaries for the period 1 January 2012 to 31... More
