On the 31st August 2018 the Designated agent issued a determination in which he dismissed the appellant’s claim of unlawful dismissal on the basis that the exercise of retrenchment embarked on by respondent was within the ambit of the law and therefore above board.
Aggrieved by this determination, appellant noted this appeal on the ground that;
the Designated agent erred and misdirected himself on a point of law in failing to hold that the appellant was unlawfully dismissed from employment by the respondent under the guise of a retrenchment which was not done in accordance with the law. More
The respondent raised two preliminary issues in his heads of argument. However when the parties appeared before the court one of the preliminary point was abandoned.
The respondent submitted that the grounds of appeal did not raise questions of law as envisaged by section 98 (10) of the Labour Act [Chapter 28:01] (“the Act”). Further to that it was submitted that the grounds of appeal challenge the factual findings by the arbitrator and it was neither alleged nor demonstrated that the findings of the arbitrator were grossly unreasonable. More
The history of this matter is that allegations of underpayments of wages, non-payment of overtime and unfair dismissal were raised by the respondents against applicant with the Ministry of Public Service, Labour and Social Welfare, Marondera. More
