The circumstances surrounding the charges are that sometime in March 2012 the Respondent deliberately misrepresented to a refuse collection company that was normally contracted by the Appellant to collect discarded bottles at the Appellant’s premises. It was Appellant’s allegation that when he did so Respondent knew he was supposed to have removed the said bottles at his own cost. This was as a result of an oral agreement he had entered into with Appellant’s representatives that he (respondent) would in exchange of pallets donated to him by the Appellant clear the discarded bottles at Appellant’s premises at his own cost.... More
Applicant filed with this court an application which it styles” Chamber Application” to rectify a defective notice of appeal and reinstatement of the appeal. This application was made following a striking off order of 20 May 2024 where the applicant’s appeal was struck off the roll for the reason that it was in breach of rule 11(a) as amended by Statutory Instrument 3 of 2023. It is the above described application which is the subject of this judgment.
The brief background of the matter is that the employee one Chimuka was dismissed from employment by the applicant employer. More
The applicant was indicted before the High Court on a charge of murder as defined in s 47 of the Criminal Law Codification and Reform Act [Chapter 9:23]. The allegation against him was that on 11 April 2017 he caused the death of one Gugu Mkwananzi (the deceased) by striking him with a wooden stool. The applicant pleaded not guilty and a trial ensued. More
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
