At the onset of oral argument in this Court, Respondent raised an objection which Applicant opposed. Appellant’s appeal was signed for by D. Chiwara of the National Union For the Plastics, Pharmaceuticals, Fertilizers, Chemicals, Batteries Manufacturing and Allied Industries of Zimbabwe. However Respondent operates in the transport industry. Its employees are represented by the trade union for the transport operator’s industry. On that basis respondent objected to the representation of appellant (its employee) by the plastics and allied industries union. More
This is an appeal against the decision of the National Employment Council for the Printing, Packaging and Newspapers Industry Appeals Committee (NEC) which confirmed appellant’s dismissal from respondent’s employment.
The appellant was charged with misconduct in terms of the Printing, Packaging Code of Conduct Statutory Instrument 148 of 2009 (the Code), sections 18 and 20 (2). More
“1. The Honourable Arbitrator seriously misdirected himself on the facts by finding that the Appellants failed to discharge the onus on them to prove on a balance of probabilities, the existence of a contractual obligation of the Respondent to assist and/or provide Claimants financial assistant to purchase residential stands for them, and sell them its own trucks at bank value and provide them with medical insurance. Such a finding was not supported by any evidence and was contrary to the evidence presented before the Honourable Arbitrator.
2. The Honourable Arbitrator erred by finding that the Appellants were not owed overtime... More
This is an appeal at the instance of the employer and a cross appeal at the instance of the employee. These appeals arise out of an arbitral award which dismissed the employee’s claims of unlawful dismissal, compensation for use of own motor vehicle and refund of tax irregularly deducted. The same award allowed the claim for underpayment of wages and medical aid benefit. The employer is aggrieved by the award of the underpayment of wages and medical aid claim. It to that end prayed that, paragraphs granting that relief be set aside and be substituted with a dismissal of those... More
This is an appeal at the instance of the employer and a cross appeal at the instance of the employee. These appeals arise out of an arbitral award which dismissed the employee’s claims of unlawful dismissal, compensation for use of own motor vehicle and refund of tax irregularly deducted. The same award allowed the claim for underpayment of wages and medical aid benefit. The employer is aggrieved by the award of the underpayment of wages and medical aid claim. It to that end prayed that, paragraphs granting that relief be set aside and be substituted with a dismissal of those... More
