This is an appeal against the decision on an arbitrator.
The respondents are section managers at one of the appellant’s branches, the Kariba Branch. During the course of their employment the appellants raised complaints which were not resolved to their satisfaction by the appellant. The grievances were referred to a labour officer when conciliation failed the matter was subsequently referred to arbitration. More
At the hearing of this matter, counsel for respondent made an oral application for condonation of late filing of the notice of response and late service of the notice of response on the appellant. I dismissed the application and gave the following reasons;
1. Respondent was a self actor at the inception of this matter. He got legal representation in January 2016.
2. The notice of response was filed out of time. Counsel for respondent indicated that on realising that the notice of response had not been served on the appellant, they caused it to be served on 21 January... More
On 19 June 2015 at Harare, Arbitrator M Dangarembizi made an arbitration award. He dismissed appellants’ claims of underpayment by their employer, the respondent. Appellants then appealed to this court against the award. More
This judgment is for three matters which were heard separately but with similar facts. The Respondents were employed by the Appellant. Allegations are that they were jointly charged and convicted of theft. A penalty of dismissal was imposed. Respondents appealed to the NEC for the Plastics Manufacturing Industry. The NEC determined the matters individually resulting in three determinations being issued nullifying the dismissal of the Respondents and reinstating them without loss of salary and benefits. Appellant was aggrieved and appealed against each of the determinations. Three records were opened in this Court. More
Appellants were former employees of the Central African Power Corporation (CAPCO). They were transferred to the Zimbabwe Electricity Supply Authority (ZESA) as security guards. After the transfer they worked until January 2012 when they were retired in terms of the ZESA Pension Fund Rules. Appellants disputed their retirement arguing that the applicable pension rules were the CAPCO Pension Fund Rules. In terms of the ZESA Pension Fund Rules the retirement age is 60 years while in terms of the CAPCO Pension Fund Rules it is 65 years. More
