NDEWERE E.F
The Applicant applied for Review of Honourable C. Kabasa’s award in the above case given on 4 May, 2011.
The grounds for review were that the award is defective in that:
a) “The “award”, does not give a meaningful factual narration and analysis as to what exactly were the issues before the Arbitrator.
b) On page 1 of the so called award there is no heading, “arbitral award” which is important and indicative that indeed it is an arbitral award.
c) There is no clear cut indication as to what was submitted by the parties to the Arbitrator... More
Respondent was employed by the appellant as a procurement executive. For the sack of brevity the court will summarise the facts as follows. During the currency of her employment, respondent filed certain grievances with the appellant. These issues were deliberated upon by the appellant who dismissed them. Thereafter the appellant instituted misconduct proceedings against the respondent. Respondent declined to attend and the matter was heard in her absence. She was found guilty and dismissed from employment More
Respondents were employed by Appellant as builders on fixed term contracts from February 2008 until August, 2012. Respondents had several such contracts renewed at intervals. Respondents’ contracts of employment were terminated and the matter was brought before the National Employment Council for the Construction Industry for conciliation and subsequently to an Arbitrator. More
The following facts are common cause:
1.
Appellant worked for Respondent as a Property Manager.
2.
At the material times she was responsible for the Eastgate complex in Harare.
3.
The complex contained office space, a food court and retail business.
4.
Respondent leased space at the food court to a company called Opticare.
5.
Opticare then set up and ran a business called Captain’s Grill at the food court.
6.
Appellant’s husband Mr Allan Vutuzah, wasconnected to Opticare.
7.
The connexion led in due course to charges of misconduct being laid against Appellant by Respondent. More
