The matter was placed before me as a chamber application for leave to appeal to the Supreme Court against a judgment of this court rendered under reference LC/H/280/23 on the 22nd of September, 2023. The application which is premised on section 92F(2) of the Labour Act [Cap 28:01] as read with Rule 43 of the Labour Court rules, 2017 is opposed by the 1st Respondent. The 2nd Respondent is cited as a nominal Respondent. More
This is an appeal against an arbitral award wherein Respondent was awarded payment of cash in lieu of leave days and seven-year service gratuity.
Appellant’s grounds of appeal are that:-
1. The Arbitrator misdirected himself by not meticulously going through the documentary evidence led by Appellant, before awarding a wrong amount of cash in lieu of leave days to the Respondent such a misdirection was so outrageous in its defiance of logic or accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at such a conclusion.
2. The... More
This is a review and an appeal arising out of the decision of the National Employment Council Tobacco Industry Grievance and Disciplinary Committee (“GDC”) handed down on 19 July 2013. The GDC set aside the dismissal of the respondent imposed by the appellant’s Disciplinary Hearing Committee and confirmed by the Works Council. The GDC remitted the matter for another investigation and hearing. More
This is an appeal against an arbitral award handed down on 24 February 2015. In terms of the award, the appellant was ordered to reinstate the respondent without loss of salary and benefits, on the basis that the probationary assessment that resulted in the termination of his employment was procedurally and substantively unfair.
The factual background to this matteris as follows:
The respondent was employed by the appellant as Director, Management Training Bureau. Management Training Bureau is a training institution under the appellant organisation, and is based in the Msasa Industrial area of Harare. More
This is an application for leave to appeal to the Supreme Court against this court’s judgment on a point in limine which ruled that the appeal grounds raised by the then appellant indeed made out points of law worthy of being decided upon by the Labour Court.
The background to the matter is that the employee appealed to the Labour Court against an arbitral order made against him in a case which pitted him and the employer. When appeal came up for argument the employer raised a point in limine that the grounds which the employee sought to rely on... More
