On 3 March 2015 arbitrator B Matongera issued an arbitration award. He upheld respondents’ claim of unlawful dismissal from employment by appellant. He further ordered appellant to either reinstate respondents or pay them damages in lieu of reinstatement. Appellant then appealed to this court against the award. Respondents opposed the appeal. More
On the 10th November 2011 an issue was raised as to whether the grounds of appeal were proper grounds in line with the Supreme Court cases of:
SABLE CHEMICALS INDUSTRIES LIMITED VS DAVID PETER EASTER BOOK SC 18/10 (SABLE CHEMICALS)
And
NORMAN MUTSUTA, TONDERAI KATSANDE VS CAGAR (PRIVATE) LIMITED SC 47/09 (CAGAR)
In a nutshell the issue was do the grounds of appeal raise a question of law for the appeal to be properly before this Court?. More
At the hearing of this matter I upheld a point in limine and dismissed the application with costs. I indicated that the reasons for my decision would follow. These are they.
Applicant filed an application for condonation of late filing of an application for rescission of a default order and an application for rescission of a default order. On3 June 2015 this court had granted a chamber application in terms of Rule 19 (3) (a) of S.I. 59/2006 and dismissed applicant’s appeal with no order as to costs. The present application was filed on 31 July 2015. Respondent objected to... More
This is an appeal against an arbitral award. The grounds of appeal are as follows:
“1. The arbitrator misdirected himself at law and found that the Applicant did not comply with Section 3(1) of the Labour Relations General Conditions of Employment, (Termination of Employment) Regulations, 1985.
2. The Arbitrator erred at law by holding that the dispute had prescribed in terms of section 94(2) of the Labour (R)elations Act Chapter 28:01, when it had not, as the computation of one hundred and eighty days in terms of the Act itself incorporates the period on review in this matter. Therefore the... More
This is an appeal to the Supreme Court from a judgment of this Court.
The application was decided on the basis of the record. The grounds of appeal raise issues of fact. The Labour Act [Chapter 28:01] (The Act) provides in Section 92 E (1) that:
“An appeal on a question of law only shall lie to the Supreme Court from any decision of the Labour Court”
The grounds raised therefore are contrary to the provisions of The Act.
After considering the papers it is ordered that the application for leave to appeal to the Supreme Court be and is... More
