At the hearing of this matter, a point in limine was taken that the Appellant was improperly before the Court in that it was approaching the Court with dirty hands.
It was submitted that in terms of law, the noting of an appeal does not suspend the decision appealed against. More
This is an appeal against the decision of an arbitrator sitting at Harare. The Learned Arbitrator after assessing the facts placed before him dismissed the appellant’s claim for lack of merit. The sole ground on which this appeal is based is that:
“The honourable Arbitrator erred in differentiating similar cases and disregards the precedence (sic) set by the Labour Court which is superior than the Arbitrator”
In this case the appellant asserted that the Arbitrator failed to follow precedent. The Arbitrator on the other hand considered the specific facts of this matter. Thereafter they made a determination in terms of... More
Respondent was in the employ of the appellant. The employment relationship was terminated by retrenchment. The appellant decided to pay overtime wages due to respondent from the year 2009 to 2012. Appellant declined to pay overtime wages for the period 2005 to 2008. This resulted in the matter being referred to arbitration. More
Respondent introduced a fourth shift at the workplace and this led to different interpretations of the relevant Collective Bargaining Agreement (CBA) governing Respondent’s subsidiary. The matter was brought before the Works Council which ruled against the employees. The employees are dissatisfied and have approached the Court for relief. More
This is an appeal against an arbitral award.
The respondents were employed by the appellant in various capacities and claimed that as at 7 May 2014, they were owed salary arrears running from November 2010 to December 2013. They then approached the National Employment Printing’s designated agent for conciliation. Failing this, the matter was referred to arbitration.
The terms of reference for arbitration were;
1. To determine the quantum of outstanding salaries due to the claimants; and;
2. Determine when the amounts should be paid.
In defence against the claim, the appellant contended that there was no basis for the... More
