This is an appeal by the Appellant against the decision of the Respondent’s Managing Director dismissing the Appellant from employment. On the date of hearing parties agreed that the matter be decided based on the submissions filed of record. To that extent no oral submissions were made by the parties hence this judgment is based on what is contained in the record of proceedings before it only. More
Appellant employed the respondent as a domestic worker. Following disagreements at the workplace, respondent reported her matter to the union officers culminating in the matter being referred to arbitration. The Arbitrator found in favour of respondent. Appellant was not satisfied with the decision and has appealed to this Court. Appellant’s main contention are, firstly, that the Arbitrator erred in finding that appellant had unlawfully dismissed the respondent. Secondly, that the Arbitrator erred in finding that the appellant had not granted respondent vacation leave during the period that respondent had worked for her. More
This is an appeal against the decision of Honourable Arbitrator D. Mudzengi issued on 19 March 2013. The arbitrator ordered that Respondents be reinstated without loss of pay and benefits from the date of the unlawful dismissal. If reinstatement is no longer an option, the parties were to negotiate damages to be paid in lieu of reinstatement within fourteen (14) days of receipt of the award. If parties fail to agree, either party may refer the matter to the arbitrator for quantification. More
The matter was placed before me as an application for condonation of late noting of appeal. Respondent took a point in limine to the effect that the application was no longer valid in view of a settlement agreement reached between the parties. The court upheld the point in limine and dismissed the application. It was indicated that the reasons for the decision would follow. More
This is an appeal against the decision of the Appeals Committee dated 5 March 2019. The Appellant was found guilty of breaching Section E11 Category 5 offence number 2 i.e. “any conduct or omission inconsistent with the fulfilment, the express or implied conditions of his/her employment”. He was found guilty and dismissed from employment. More
