This matter comes as both an appeal and a review. It is a review of the Respondent’s National Employment Council (Appeals Committee’s) decision to dismiss the appeal by the Appellant. The appeal is against the hearing committee’s decision that found Appellant guilty and imposed a dismissal penalty.
The Appellant was employed as a security supervisor by the Respondent. His job description was not produced at any stage during all the proceedings for a clear understanding of what was expected of him. He was charged for gross incompetence. He appeared before Respondent’s disciplinary committeewhich found him guilty and dismissed him. Appellant... More
Respondent raised a preliminary point at the hearing of this appeal, that the United Builders Merchants (UBM) has dirty hands as it failed to comply with the arbitral award issued against it. More
The brief facts of this matter are that an audit was conducted at the workplace. Some anomalies which touched on the applicant’s performance of duties were discovered by the auditors. An explanation was required in order to clarify what appeared to be anomalies. The applicant’s immediate superior asked the applicant to submit a report explaining the perceived anomalies. The applicant refused to write the report. She told her boss that she was going to consult her lawyer first. Her refusal to submit the report resulted in disciplinary proceedings for ‘wilful disobedience of a lawful order’ being conducted against her. She... More
The Respondents were employed by the University of Zimbabwe as full time lectures in the University’s Department of Rural and Urban Planning.
They were employed in terms of the University of Zimbabwe Act and in terms of that Act,they were employed for a probationary period of three years after which they could be granted tenure that is if they metcertain outlined requirements. More
This is an appeal against adecision by an arbitrator.Before the merits of the appeal could be argued the respondent raised a point in limine. The respondent argued that the grounds before this Court raise factual issues as opposed to questions of law as provided for in the Labour Act [Cap 28:01] (The Act), Section 98(10) of the Act provides that;
“An appeal on a question of law shall lie to the Labour Court from any decision of an arbitrator appointed in terms of this section.” More
