This is an application for the rescission of a default judgment made in the employer’s favour against the applicant employee. Facts of the matter are that on 7 October 2015 the Labour Court allowed in default the appeal filed the employer because the employee had not attended the hearing on that day despite service. Aggrieved by the default order the employee made the application which is the subject of this judgment.
Basis of the application is that the set down notice did not get to the employee representative’s attention. He therefore argues that he has always been keen to defend... More
The Respondent was the Applicant’s credit controller from 18 September, 2009. The Applicant paid the Respondent agreed wages from September to November, 2009. From December, 2009, the Applicant stopped paying the wages. No wages were paid for the whole of 2010. Instead Applicant was giving the Respondent a transport allowance. On 5 February, 2011, the Respondent approached the Applicant, asking for the outstanding wages. The Applicant refused to pay him. The Respondent referred the issue to a labour officer who referred the issue to arbitration. More
The Appellant was dismissed by the Respondent Company on allegations of theft of money meant to be remitted to the bus company by him after conducting his bus conductor duties. A Disciplinary Committee sat over his matter and dismissed him. Aggrieved by the dismissal, he appealed to the internal appeal structures without any success. Finally he appealed to this court and it is that appeal which is the subject matter of this judgment. More
This is an appeal against a decision by an arbitrator sitting at Bulawayo. The appellant was employed by the respondent on a fixed term basis (monthly). The operative part of the contract reads as follows:
“7. This contract will, upon the completion of the time period, terminate and no expectation of being re-engaged at any time in future should at any time be read into this contract. Termination will be automatic at the conclusion of the contract although as a common courtesy the Company will endeavour to give advanced warning of their intention to terminate and not to renew. Failure... More
Respondent having failed to show good cause why it did not comply with Rule 15 (2) (b) of this Court’s Rules Statutory Instrument 59 of 2006, this matter proceeded in terms of Rule 22(b) (i).
On the issue of the legal persona of the other Appellants as cited on the notice of appeal, Appellants’ representative could not make any meaningful submission indicating that the Court should make the decision on it. More
