At the commencement of the proceedings the court invited Mr Bhebhe, appearing for the respondent, to address it on why the Notice of Response was not filed timeously in compliance with the Labour Court Rules. Mr Bhebhe submitted that the respondent advised that it had not had sight of the Form LC2 as the person who had received the document had not retained a copy. Mr Bhebhe further submitted that the respondent was only jolted into action when Heads of Argument were served on it on 7 May 2014. It was argued on behalf of the respondent that though this... More
Applicant was employed by the respondent in its ICT Division. Following allegations of misconduct, applicant appeared before a disciplinary committee which found him guilty of one court but not guilty on the other charge. The disciplinary committee recommended his dismissal. The matter ended up in arbitration before Honourable Dangwa. The arbitrator found that applicant had not been unfairly dismissed. Applicant has approached this Court on review. More
On 3rd April, 2013 the Honourable D. Mudzengi made an arbitration award. He ruled against Appellant’s claim of unfair dismissal from employment by Respondent. Appellant then appealed to this Court against the award. I will deal with the material points raised in the appeal seriatim. More
As background to the matter, parties submitted that after the 16/3/18 SC 357/16 order parties filed with the court a quantification application whose fate could not be sealed since all papers pertaining to same were lost when the Labour Court moved offices from Bristol house to the Rotten Row Labour Court building. In the instant application the applicant seeks 9 months back pay, 30 months damages, medical aid, pension and motor vehicle allowance. At the onset of the hearing the applicant dropped the medical aid claim and the motor vehicle allowance claim thus effectively leaving for determination the question of... More
This is an appeal against an arbitral award handed down on 15 May 2015, wherein the arbitrator dismissed the appellant’s claim on the basis that the matter was not properly before her. More
