This judgement only addressed the 2 points in limine which were taken by the respondent employer in an appeal at the instance of the appellant employee. This follows a labour dispute pitting the 2 and which saw them appearing before the National Hearing Committee whose decision is now meant to be decided on appeal in the labour court.
The 2 points taken are that invalid grounds of appeal have been raised and that the relief sought is not clear. In the result the employer prays that the appeal be struck off the roll with costs on account of it being... More
Respondent was employed by appellant as a tool-setter. He is alleged to have influenced other employees to proceed on a “go slow”. A machine broke down and it was attributed to respondent’s actions. He was brought before a Disciplinary Committee which recommended his dismissal. An appeal to the Works Council met with a similar fate. Respondent further appealed to the industry’s General Engineering Code of Conduct Appeals Sub Committee (hereinafter the GEC) which found in his favour and ordered his reinstatement. More
The appellants are employed as drivers by the respondent. They had a dispute with the respondent over alleged non payment of overtime. The dispute was referred to an arbitrator who dismissed the claim by the appellants.
The appellants noted this appeal and the grounds of appeal are briefly that;
1. The arbitrator erred and misdirected herself at law as she applied terms and conditions that do not apply to the appellants. She used conditions that apply to Grades A, B, C, D & E but the appellants were in Grade F.
2. The arbitrator erred and misdirected herself at law... More
Applicants’ application for review is based upon a founding affidavit made by the union representative. The relevant portions of the affidavit read as follows,
“5. 1, on behalf of the Applicants, do hereby file an Application for review
of proceedings against an Arbitration Award handed down by Honourable Munyaradzi Dangarembizi on 24th day of August 2010.
6. The Arbitrator was asked to arbitrate on whether the Respondent implemented one of the terms of a retrenchment i.e. item 5 of the package and (2) to determine the appropriate remedy. More
