The Negotiating Committee for the National Employment Council for the Commercial Sectors errored on the facts and law itself, when it upheld the decision of the company (OK Zimbabwe) to dismiss claimant. The claimant did not perform his work in a Dishonest and Unsatisfactory work performance since the said shortage of $45.00 did not occur but the claimant had an overage surplus of $50.00 which was caused by a system error which failed to post his sales (post void) which was beyond his control which was also noticed in Nyasha’s report (One of the employees.) More
This is an application for leave to appeal at the instance of the employee. The application is opposed by the employer on the basis that it is bad at law and that it fails to meet the test for such applications. Each of the issues discussed in the application are addressed below.
It is settled that leave applications succeed on the basis that the applicant is raising issues of law that need determination by a superior court or that on the merits the applicant has a plausible case. More
MUCHAWA, J:
This is an appeal against on arbitral award which ordered appellant to pay respondent $3 082.35 in underpaid wages, unpaid wages, cash in lieu of leave and housing allowance.
It is common cause that respondent was employed as a conductor in February 2010 at a wage of USD120. This was a verbal contract which was terminated in December 2010 on account of what one party calls a misconduct and the other a misunderstanding. It is agreed that in February 2011 respondent was reengaged on the same salary of USD120. Whereas appellant claims that respondent was reengaged in the... More
This is an application for a review of the disciplinary proceedings, which were done by the Respondent’s Disciplinary Committee and which led to the dismissal of the Applicant from the Respondent’s employ. More
This is an appeal against the determination of the Appeals Officer appointed in terms of the Old Mutual Code of Conduct, which determination upheld the conviction of the appellant on misconduct charges levelled against him, and the consequent penalty of dismissal. More
