At the hearing of this matter Respondent raised two points in lime which are the subject of this judgment. The first is that Applicant is barred for non-compliance with Rule 19 (1) of this Court’s Rules SI 59/2006, having failed to file and serve heads of argument within the stipulated time. The second is that Applicant did not follow the prescribed format of an application set out in the said rules as Form LC1 was not completed.
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The respondents were employed in various capacities, occupations, and grades by the appellant. They lodged a dispute for conciliation of alleged underpayment of wages, and non-payment of cash-in-lieu of leave, transport, and housing allowances. The matter was heard in terms of section 93 of the Labour Act [Chapter 28:01] by Mrs. F. Mutambirwa who later referred it to arbitration after the parties failed to reach a consensus. The matter was referred in terms of section 93(5) (c) of the Labour Act. Arbitration had to determine whether or not the respondents were underpaid in wages, to determine the issue of non-payment...
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