The Respondent was employed by the Appellant as an Electrical Assistant. On 15th of October, 2009 he attained the age of 60 years. In accordance with appellant’s retirement policy the Respondent was advised of his retirement with effect from the 31st of December, 2009.
The Respondent however challenged the decision to retire him and lodged instead a claim for unfair dismissal. Upon failure to conciliate by the Labour Officer the matter was referred for compulsory arbitration. The terms of reference were for the Arbitrator to determine whether or not the Appellant had been unlawfully dismissed from employment. More
This is an application for rescission of judgment.
On the 11 March 2014 the hearing of an application for interim relief was set down for hearing at 0900 hours before Musariri J. Both parties had been duly advised of the date of set down and proof of service was on file. Applicant was in default and the application for interim relief was dismissed for want of prosecution. It is that order that is sought to be rescinded through this application. More
This is an appeal against an arbitral decision by arbitrator Honourable Chenyika made on 27 May 2024 where he ruled that: -
(i) “Claimants be immediately reinstated to their position as plant operators.
(ii) Claimants as plant operators be placed back onto the grade 11 scale of the NEC Mining Industry Job evaluation system without loss of salary and benefits with effect from 01 July 2020.
(iii) The parties, claimants as represented by ZDAMWU and the respondent are to meet within 14 days of receiving this award, to quantify the financial prejudice suffered by claimants as a result of implementation... More
This is an appeal against an arbitral award which award upheld the respondents’ entitlement to a bonus which had been unilaterally withdrawn by the employer (appellant).
The respondents were employees of the appellant. Prior to February 2009 it remunerated its employees in Zimbabwean dollars. This was prior to the country dollarizing. The appellant paid its grade 11 up to grade 14 employees who went on annual leave, a leave bonus, housing, transport and meals’ allowances. These were paid over and above their salaries to cushion them from the vagaries of inflation. The respondents are grade 11 plus employees.
When the... More
The facts of this matter are briefly that the Respondent was employed as an electrical engineer. He was charged with two acts of misconduct that is
1. Habitual and substantial neglect of duty, and
2. Lack of skill
The events which led to the charges were that on 10 and 11 September 2010, the Respondent is alleged, contrary to his duties, to have failed to repair an important BLC mill motor. More
