On 3 September 2012 this Court dismissed Respondent’s appeal against a decision by the Applicant to dismiss him from employment on the basis of misconduct. On 9 January 2013 Respondent applied for leave to appeal to the Supreme Court against that decision. On 11 February 2013 Applicant filed its opposition to the application and served it on the Respondent on the same date. In terms of Rule 19 Respondent was supposed to file Heads of Argument within fourteen days of receiving the response. That was not done. Instead on 16 April 2013, way after the fourteen days within which Heads... More
The respondent was employed by the appellant as a revenue officer. He was charged with an act of misconduct in terms of the appellant’s code of conduct (the code) for : ‘Gross negligence in the execution of duties.’ According to the applicable code this falls under ‘Group D-Most Serious Offences’. The matter was later referred to a labour officer in terms of S101(6) of the Labour Act Chapter 28:01 (the Act).On 11December 2020 the Labour Officer, L Nhandara , made a determination that the appellant had wrongly charged the respondent. In the circumstances the Labour Officer ordered the appellant to... More
This is an appeal against an arbitral award in which the terms of reference were:
1. whether or not the Respondent is unilaterally and clandestinely transferring members of ZIMRATU.
2. whether or not Respondent has a transfer policy in place.
3. whether or not the Respondent is unilaterally transferring members of the workers committee and trade unions and thus crippling the operations of the workers committee and the trade union.
4. determine the appropriate remedy. More
The Notice of Appeal in casu was served on the respondent on the 11th April 2024. In terms of Rule 19(2) of the Labour Court Rules SI 150/17 a respondent is required to file his/her response within ten (10) days of receipt of the appeal. Thus, the respondent in casu was required to file his response on or by 26 April 2024. According to his own word he tried to file the response on that date but failed due to “a technical challenge.” He then filed a Response which was uploaded on the 6th May 2024. That is the only... More
This is an urgent chamber application in terms of s 92 (c) of the Labour Court Act [Cap 28:01] as read with rule 33 of the Labour Court Rule S I 15/06 wherein the applicant is applying the court to alter its judgment of 22 November 2013 on the basis that the judgment in question was made in error. More
