This is an appeal against an arbitral award in favour of the respondent. Respondent was employed by Zimplastics (Pvt) Ltd, a member of the Corbett Company up to March 2008 before the company was taken over by the appellant. Respondent alleged unlawful and wrongful dismissal on 17 March 2011 through a verbal instruction to a Mr Roly Sylvester Hugh Corbett. The matter went for conciliation and subsequently arbitration. An award was given, appealed against resulting in remittal to the tribunal. The arbitrator ruled that respondent was unfairly and unlawfully dismissed. He ordered reinstatement with full salary and benefits and if... More
This matter was struck off the roll on 17 October 2023. Appellant’s legal practitioners have requested for reasons therefore. This Court makes the observation that these reasons were only requested after an application for reinstatement of this matter was also struck off the roll on 21 March 2024 as being improperly before the Court. However, the following are the reasons as requested by the Appellant’s legal practitioners. More
The respondent was employed by the appellant until 31 October 2013 when parties mutually terminated the employment contract. A dispute ensued in respect of the package payable to the respondent. More
A brief history of the matter should help put it into perspective. The respondent won an arbitral award handed down by Arbitrator A.J. Manase sometime in July 2013, in terms of which his retrenchment by the applicant company was nullified.
On 23 September 2013, the applicant filed an appeal in this Court, against the arbitral award. On 20 November 2013, a default judgment was issued by Honourable Judge Murasi, in terms of which applicant’s appeal was dismissed for want of prosecution. More
