This is an appeal against an arbitral award which ordered that respondent be reinstated without loss of salary and benefits from the date of unlawful dismissal or that he be paid damages in lieu of reinstatement. More
The background to the matter is that the respondent employee filed his appeal with the Labour Court on 3 August 2015. The appeal was set down to be heard on 16 February 2016. Applicant employer defaulted on that day and the respondent employee applied that his appeal be allowed in the default of the employer. The default order was granted as prayed for. Irked by the default order the applicant applied to the Labour Court to have the default judgment set aside. It is the rescission application which is the subject of this judgment. More
On 21st December 2015 at Harare, Arbitrator T. Zimbudzana issued an arbitration award. He dismissed Appellant’s claim of unfair dismissal from employment by Respondent. He however awarded her claim for underpayments and terminal benefits. Appellant then appealed to this Court against the award. Respondent opposed the appeal. More
On 9th April 2024 this Court issued a default judgment in terms of which it set aside the determination by Designated Agent A. Chimedza. The determination had ruled that respondent unlawfully terminated applicant’s employment. On the 8th May 2024 applicant applied for the rescission of the default judgment. The application was made in terms of Section 92C of the Labour Act Chapter 28:01 as read with Rule 40 of the Labour Court Rules, 2017. Respondent opposed the application. More
This is an application for condonation for the late filing of an application for review and extension of time within which to apply for review of the proceedings held before the 1st respondent.
Background
The 2nd respondent was employed by the 3rd respondent as its managing director. He was charged with gross incompetence and inefficiency in terms of the governing regulations. He was found guilty and dismissed. He challenged the proceedings in an application for review which was successful and the 2nd respondent was reinstated without loss of salary or benefits. The 3rd respondent (the employer) was aggrieved and unsuccessfully... More
