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
Appellants are employees of the respondent in the Housing Department. In the period between 2005 and 2010 they were all appointed to act in a higher grade, from grade 16 to grade 11. On 12 February 2011 appellants referred to conciliation two issues, non-payment of acting allowance by the respondent and a claim for substantive appointment to the positions they were acting in. More
The Applicants in this case are seeking quantification of damages due to them from the Respondent Company against whom a default judgment was granted by President Hove.
On the date of the hearing for the quantification claim, the Respondent did not avail itself despite service. In this respect reference is made to the affidavit by Last Gata the Labour Court driver who went to serve the Respondent on 06 March 2013. In that affidavit Last states that when he got to the Respondent’s premises of operations, persons there present refused to accept the process arguing that a company by the... More
The background to the matter is that around 2009 when the country faced an acute brain drain due to the then prevailing economic conditions applicant employees were said to have done work in capacities beyond their grades but did not get promoted to the higher grades neither were they paid for the duties they performed in that high capacity. More
