In casu, Applicant is challenging this Court’s factual findings. The factual findings complained of are they so irrational, so outrageous in their defiance of logic or acceptable morale standards to warrant interference by the Appellate court? More
On 28 February 2014 this Court dismissed Applicant’s application for interim relief filed in terms of section 92E (3) of the Labour Act [Chapter 28:01]. Applicant seeks to approach the Supreme Court. This is therefore an application in terms of section 92 (F) (1) of the Act. The basis of the appeal is that the Court erred in finding:
(a) that the appeal does not raise legal issues/points of law.
(b) that the arbitrator’ s findings would be unassailable on appeal; and
(c) that the applicant will not suffer irreparable harm if the award is executed. More
This is an application for stay of execution of an arbitral award pending the determination of an appeal lodged with this Court. Respondent was employed by Applicant as its Managing Director. Applicant alleges that Respondent tendered a verbal resignation and left employment and another Managing Director was engaged in his stead. Applicant states that it was surprised when Respondent instituted proceedings alleging unfair dismissal. The matter was subsequently referred to the Arbitrator who ruled in favour of Respondent. Applicant, dissatisfied with the decision of the Arbitrator, has since appealed. Pending the decision of the Court in that appeal, Applicant has... More
The appellant employer appealed against the decision of the National Employment Council for the Welfare and Educational Institutions Appeals Committee. The NEC had set aside the respondent employee’s dismissal and reinstated him with full pay and benefits to the appellant employer’s employ. It is this appeal which is the subject of this judgment.
The background to the matter is that the employee who was in the appellant’s employ as a hostel aide was brought before the appellant’s disciplinary committee to answer charges of failing to obey lawful instructions and theft of students money in Kapuya hostel. It was said that... More
The appellant was employed by the respondent as an Assistant Branch Manager at its Mvurwi Branch. Following some discrepancies in the handling of a customer’s order the appellant was arrested. The appellant was subsequently brought before a Disciplinary Committee which recommended his dismissal. An appeal to the Appeals Committee did not yield the desired results and the appellant approached this Court for relief. More
