This is an appeal against an arbitral award handed down at Masvingo on the 14th of October, 2011. The Respondent opposes the appeal and has also noted a cross-appeal against the same arbitral award.
The background facts to the matter are as follows;
The Respondents were employed by theAppellant on fixed term contracts. They were employed as Shop Assistants Grade 4 (as submitted by Appellant and rebutted by Respondent) in respect of Kapitano, Davison Gavaya and Cashier grade 6 (Jane Madondo). The terms of office were supposed to expire in the case of I. Kapitano in May 2011, for D.... More
On 27th July 2012 the Honourable L.Chibvongodze made an arbitration award. In terms thereof she ordered Appellant to reinstate Respondent’s employment. Appellant then appealed to this Court against the award. The grounds of appeal were two-fold namely,
“1. The Arbitrator erred at law in determining a matter which she had no jurisdiction to determine upon.
2. The Arbitrator erred grossly both on the facts and at law in interfering with the penalty imposed by the Appellant, which penalty was an exercise of discretion.” More
At the hearing of this matter, appellant raised a point in limine, to the effect that the Trade Union representing the respondents cannot do so without showing proof of its authority to represent the respondents.
I reserved judgment on the point in limine, and directed that the parties file supplementary Heads of Argument covering that aspect i.e. the Trade Union’s locus standi in judicio. The parties duly filed their supplementary Heads of Argument. More
Applicant employer filed an application with this court which it styles “Application for leave to correct the record by reinstating missing information in Case No LC/H/298A/13”
Respondent employees are opposed to the grant of such application calling it a disguised application for leave to adduce further evidence on appeal. It is only this application which is addressed by this judgment. More
