This is an application for the quantification of arrear salaries and benefits following a judgment by this court in favour of the applicants. The applicants are employees of the respondent. They were appointed to acting capacities for periods beyond the six months stipulated in the Collective Bargaining Agreement S I 53 of 1992. Section 17 (2) of SI 55/92 provides:
“(2) On completion of six consecutive months’ acting appointment, an employee shall be confirmed in that appointment.” More
This is an application for review of a decision made by the respondent.
The applicant is employed by the Civil Service Commission (previously Public Service Commission) as a Principal Lecturer III. She is based at Harare Polytechnic. She was appointed to that grade on 22 October 1992.
On 22 May 2006 she was appointed to the position of 2nd vice Principal by the then Principal of the Polytechnic, a Mr Raza. This was through a memorandum which was circulated to all Heads of Department of the institution. It reads (p 27 of the record). More
The appellant appealed against an arbitration award in favour of the respondent. The award found that the appellant unfairly dismissed the respondent from its employ and ordered his re-instatement. The appellant’s argument was that the arbitrator erred and misdirected herself in finding that the respondent had a legitimate expectation of the renewal of his contract with the appellant. The respondent opposed the appeal.
The concept of legitimate expectation was introduced into our labour jurisprudence by section 12B (3) of the Labour Act [Cap 28:01] (hereafter called “the Act”). More