The matter was placed before me as an application for quantification of damages for constructive dismissal and payment of gratuity. The application was filed pursuant to an order issued by this court under reference LC/H/984/16. Through that judgment my colleague, Honourable Justice L.M. Murasi granted an application brought by the current applicant for the court to allow the appeal filed under LC/H/434/16 on the basis of respondent failure to file Heads of Argument. It is important to note that in the appeal under LC/H/434/16 was appealing against the arbitral award on the basis of the finding by Arbitrator that he... More
On the set down of this application for confirmation of a ruling in the matter between ItaiNyanhongo and Telone the employer defaulted court despite service. The default notwithstanding the court invited the labour officer’s representative and the employee representative to address it on whether the matter was not in breach of Isoquant vs Darikwa N.O CCZ 6/20. On account of the fact that the labour officer commenced conciliation proceedings and issued a certificate of no settlement and presided over the samematter to conclude on submissions made before him the impression created was that he had faulted Isoquant (Supra). The labour... More
This is an application for confirmation of a ruling and order made in terms of section 93 (5a) and (b) of the Labour Act [Chapter 28:01], as amended. More
This appeal seeks the setting aside of the internal appeals officer’s decision and the reinstatement of the appellant with no loss of salary or benefits or alternatively the payment of damages in lieu of reinstatement. More
