This matter was referred to me for determination on the record as provided by the provisions of section (2)(a)(i) of the Labour Act [Chapter 28:01]. More
The material background facts to the matter are as follows;
The Respondent operates a business that falls into three different National Employment Councils that is Commercial, Baking Industry and Meat Processing. It is common cause these sectors have their working conditions governed by their different National Employment Councils (NEC). Between June and August 2009 the Respondent awarded increases on a sliding scale of between 5% and 20% to its employees falling under the commercial sector. The other employees from the Baking and Meat Processing Industry were however excluded. More
The Respondent was employed by the Appellant as a watchman on the 11th of February 2011. She was engaged on the basis of 3 monthly fixed term contracts which were renewed continuously until the 27th of August 2014. Upon expiry of the last fixed term contract Appellant did not renew the contract. Aggrieved by the non- renewal Respondent approached a Labour Officer alleging an unfair dismissal More
This is an appeal against the decision of the National Employment Council for the Commercial Sectors Negotiating Committee hereinafter referred to as the NEC. The NEC had reinstated the Respondent to her original position with full pay and benefits from the date of her dismissal .The reinstatement irked the Appellant Company and resulted in the instant appeal. More
This is an appeal against an arbitral award handed down per Honourable B. Mudiwa, Arbitrator on 31st August 2015, which award directed Respondent’s reinstatement into her original position or in the event of her reinstatement being untenable payment of damages in lieu of reinstatement. More
