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
The brief background to the matter is that the Appellant was employed by Respondent, and was at the material time working in the Delicatessen Department. In November 2009, she was convicted of misconduct in terms of the National Employment Council for the Commercial Sectors Employment Code of Conduct (NEC Code). The Disciplinary Committee found her guilty of the Group IV Offence of “DISHONESTY AND RELATED OFFENCES”- which is the unlawful taking of property with the intention of permanently depriving the company of such property. The Appellant was found by the Duty Manager eating potatoes in a kitchen, outside the normal... More
