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This is an application for leave to appeal against the decision of this court to dismiss the applicant’s appeal against the decision of Honourable Arbitrator Professor Madhuku’s award that was handed down on 14 August 2014. The applicant has submitted to this court that it has prospects of success on appeal in that: (i) This court erred at law when it made the finding that the appellant’s Disciplinary Authority was not properly constituted. (ii) The court erred at law when it failed to distinguish a “disciplinary authority” from a disciplinary committee thereby wrongly ruling that the appellant’s Disciplinary Authority was... More

The appeal was noted against the Arbitral Award by the Honourable Matanhire F. handed down on the 16th of March 2015. The respondent was employed by the appellant as a Laboratory Technician. He appeared before a disciplinary authority on the 21st of December 2013 to face a charge of FRAUD the allegations being that the respondent did not log in his time of arrival a process which was normally undertaken at the appellant’s main gate. The respondent was alleged to have temporarily left his work station and deliberately avoided using the main gate so that his absence would go unnoticed.... More

This matter involves 2 appeals which were consolidated for ease of reference during their argument. These pertain to an appeal against an arbitral award and an appeal against a quantification of that arbitral award. The parties are the same and the labour dispute is the same which gave rise to the decisions now under appeal. More

The respondent was employed by the appellant as corporate services manager on a three year fixed term contract. Such contract was to expire on 1 December 2015 when the respondent was dismissed from employment with effect from 9 January 2014. It was found that such dismissal was unfair in an arbitral award of 12 March 2015 and reinstatement without loss of salary and benefits from date of dismissal, was ordered. In the alternative, damages in lieu of reinstatement were awarded. More

Aggrieved by an arbitral award, Appellant filed a Notice of Appeal on the following three grounds:- More