This is an application for rescission of a default judgment entered against the applicant employee in a labour dispute pitting it and the respondent employer. More
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On 19 May 2014 this Court handed down an order against the employees where the employer had applied to the Court in termsof Rule 19 (3) (a), to have the review application which it had filed with the court to be granted in default of the employees’ filing of heads of argument timeously as required by the rules. The employees through their lawyers have requested this court to furnish them with the full reasons for that order and these are they More
The Respondent was employed by the Appellant as a Regional Site Acquisition Supervisor. The record shows that the Respondent was head hunted by the Appellant through the internet. Prior to joining Appellant he was employed in Uganda. He relocated to Zimbabwe when he got employment with the Appellant. The Respondent’s contract of employment commenced on 10th of December 2009. Less than four months into the job the Respondent was dismissed from employment by the Appellant. The matter was referred to the Labour Officer and consequently to an Arbitrator. The Arbitrator handed down the first award in favour of the Respondent. More
On 30 August 2013 the NEC for the Engineering & Iron And Steel Industry made a determination. It ordered that Appellant should reinstate Respondents’ employment. It further ordered that the matter should be reheard by a “properly composed” disciplinary committee. Appellant then appealed to this Court against the determination. Respondents opposed the appeal. The appeal raised both procedural and substantive issues. More
