This is an appeal against the decision of the National Employment Council Appeals Committee which was handed down on the 6th of June, 2014 which Appellant submitted he received on the 13th of June, 2014. The National Employment Council Appeals Committee in its determination dismissed the appeal noted by the Appellant and upheld the penalty of dismissal. More
It is common cause that Appellant worked for Respondent as a Freight Driver based in Bulawayo. On the 19th December 2020 in the evening he was scheduled to deliver beer to their Beitbridge distribution center. After midnight he sent a message on their Whatsapp Group reporting a tyre puncture breakdown. Appellant stated that he realised his message was incomplete but when he tried again to reach his employer he failed due to network challenges. Appellant further stated that early morning robbers attacked him, damaged his truck and stole beer. He then managed to use a passerby’s phone to reach his... More
The matter was placed before me as an application for condonation of late noting of an application for review.
The material background facts to the matter are as follows:
The Applicants are former employees of the 3rdRespondent. In March 2012 the parties entered into a negotiating process for the retrenchment of the Applicants. The process culminated in a retrenchment certificate issued by the Minister on 22nd May, 2012. The Applicants after a period of two years instituted proceedings in the Labour Court to appeal against the Minister’s decision allowing for retrenchment of the Applicants. On the 31st of January 2014... More
The appeal was noted as against an arbitral award handed down on an unspecificieddate the operative part of which reads as follows;
“4.1 This matter was resolved at the conciliation level. It should never have been brought to arbitration. Entertaining the complainant is an abuse of the dispute resolution system. I have no mandate to overturn an agreement that was entered by parties willingly.
4.2 Accordingly, this case is dismissed in entirely. Parties must abide by the agreement entered on 16 November, 2011.” More
Appellant was employed by the Respondent as the logistics and Distribution Manager. On 4 March 2010 he was suspended from employment without salary and benefits on the basis of misconduct. On 8 March 2010 he was charged with three counts of misconduct. The allegations were that between 5 and 20 January 2010 he signed loading instructions for Salt Lakes Transport without a valid contract. He was accused of not exercising the required due diligence when executing his duties in relation thereto. Appellant’s alleged laxity and over delegation, over-trust and over-reliance on subordinates led to the loss of 120 metric tonnes... More
