The applicant was employed by the respondent as an environmental health technician. He was charged with three acts of misconduct in terms of the Labour( National Employment Code of Conduct) Regulations, Statutory Instrument 15 of 2006 ( S.I. 15/06). Disciplinary proceedings were conducted against him. He was found guilty of all the three charges. He was penalized with dismissal. He appealed internally but his appeal failed. The applicant was aggrieved by the procedure adopted by the respondent in conducting the disciplinary proceedings hence this application. More
This is an application for leave to appeal to the Supreme Court. On the 27 September 2013 I dismissed the appeal by the Applicant who had been challenging the Arbitrator’s finding that an employer could not extend the probation period beyond 3 months pursuant to section 12 (5) of the Labour Act. More
The Respondent was formerly employed by the Appellant as a Driver. He was dismissed from employment on 22 October 2021 following disciplinary proceedings. The charge that had been levelled was that of breach of Schedule 4;3 and 4:10 of the National Employment Council for Welfare and Educational Institutions (NECWEI) Employment Code of Conduct. More
This is an appeal against an arbitral award on quantification of damages. The arbitrator had issued an award on 20 September 2015 ordering reinstatement of the respondent failing which either party could approach the tribunal for quantification. The arbitrator quantified the damages due to the respondent basing on written submissions and oral evidence. More
On the 13th December 2018 at Harare, Arbitrator S. Nehowa made an award. She ordered Appellant (employer) to reinstate Respondents (employees) without loss of salary and benefits. Alternatively she ordered the employer to pay the employees damages in amounts either agreed by theparties or quantified by her. The employer then appealed to this Court against the award.
The 1st ground of appeal charged that the Arbitrator made a determination “against a non-legal persona as cited despite a preliminary point having been raised and not disposed on the record by the Tribunal” More
