The matter was placed before me as an appeal against a determination handed down by the National Employers Council for the Tobacco Industry – Grievance and Disciplinary Committee on the 24 April 2014 which determination set aside the penalty of dismissal and substituted that with a final written warning. The Appellant was further directed to reinstate the Respondent without loss of salary and benefits or in the alternative pay damages in lieu of reinstatement. The parties were directed to, in the event of the latter option, agree on the damages payable failing which they were to refer their matter back... More
This is an application for condonation of the late filing of an application for review. Applicant employed the respondents and terminated their contracts in terms of section 12 (4) of the Labour Act, (Chapter 28:01). Applicant subsequently applied to the NEC for exemption in terms of the Labour (Amendment) Act, No. 5 of 2015. It is alleged that the NEC was required to determine the application within 14 days. The NEC thereafter deliberated on the application after the requisite period of time. The NEC made the decision that the applicant was supposed to consult the respondents before applying for exemption.... More
Applicants applied to this Court for the review of their retrenchment from employment by respondents. The application was made in terms of Section 89(1) (d1) of the Labour Act Chapter 28:01 hereafter called the Act. Respondents opposed the application. More
On the 7th May 2024 at Harare Arbitrator FV Marovanyika issued an award. She upheld 1st respondent’s (employee) claim of constructive dismissal from employment by appellant (employer). The employer then appealed to this Court in terms; of Section 98 (10) of the Labour Act Chapter 28:01 hereafter called the Act. More
