At the hearing of this matter, appellant raised a point in limine, to the effect that the Trade Union representing the respondents cannot do so without showing proof of its authority to represent the respondents.
I reserved judgment on the point in limine, and directed that the parties file supplementary Heads of Argument covering that aspect i.e. the Trade Union’s locus standi in judicio. The parties duly filed their supplementary Heads of Argument. More
Applicant employer filed an application with this court which it styles “Application for leave to correct the record by reinstating missing information in Case No LC/H/298A/13”
Respondent employees are opposed to the grant of such application calling it a disguised application for leave to adduce further evidence on appeal. It is only this application which is addressed by this judgment. More
This is an appeal against the decision of the arbitrator who found that the respondent employees had a legitimate expectation of being re-engaged when their fixed term contracts effluxed by passage of time. The matter has taken almost a decade to be resolved which is surely regrettable and a travesty of justice in the court’s view. More
The relevant statutes and instruments in this matter are as follows,
1. The Labour Act Chapter 28:01 hereafter called the Act.
2. The ChinhoyiUnivesity of Technology Act Chapter 25:03 hereafter called the CUT Act.
3. The Labour (National Employment Code of Conduct) Regulations S.I. 15/06 hereafter called the National Code.
Applicant filed an application for review by this Court of her dismissal from employment by Respondent. The grounds for review were two-fold namely illegality and irrationality. I shall deal with the grounds adseriatim. More
Appellant was employed by the respondent as a driver/salesman. Following allegations of misconduct, appellant was brought before the Disciplinary Committee which found him guilty. A subsequent appeal to the Works Council confirmed the decision of the Disciplinary Committee. More
