This is an appeal against a determination by the Respondent Appeals Authority handed down on the 12th of February 2015 but received by Appellant on the 2nd March 2015. The appeal is opposed.
The Appellant was employed by the Respondent as a Shift Manager. He appeared before a Disciplinary Authority on the 10th of July, 2008 facing charges of misconduct i.e Section 4 (a) of Statutory Instrument 15 of 2006. The allegations were that the Appellant had, following a spot check, been found with a negative variance of Z$80 Billion and Z$8 billion. The Disciplinary Authority referred its determination to... More
Appellant in this matter appealed to this court seeking an order to have the Respondent company’s decision to dismiss him following allegations of misconduct set aside.
The facts of the case are that Appellant who was employed by the Respondent company as a Senior Stores Clerk was charged on 21 October 2011 with 3 counts of contravening the Respondent’s Code of Conduct. On 28 October 2011 he was brought before the disciplinary hearing committee which deliberated his case and found him guilty on the acts of misconduct complained of. Following the guilty verdict, the Appellant was dismissed from his employment.... More
Appellants are employed by Respondent in the Department of Roads at the Mt Hampden Camp. The facts show that 2nd Appellant permitted 1st Appellant to drive a motor vehicle belonging to Respondent and the 2nd Respondent was involved in an accident leading to misconduct charges being levelled against the two. Appellants are aggrieved by their being found guilty and have appealed to this Court in terms of section 51 (1) of the Public Service Regulations, 2006, Statutory Instrument 1 of 2000. More
The matter was placed before me as an application for quantification. The Respondent was in default of appearance on the date of the set down. The court upon satisfaction that proper service had been effected on the Respondentproceeded with the hearing by allowing Appellant to make submissions on his claims. See Rule 30 of the Labour Court Rules, Statutory Instrument 59 of 2006. At the end of proceeding the court handed down a judgment in favour of the Appellant in the amounts claimed. In so doing the court was cognisant of the fact that whether the matter had been considered... More
The determination or decision sought to be appealed and reviewed is dated 9th January, 2023. Rules 19 and 20 of the Labour Court Rules S.I. 150/17 require that matter should be brought to Court within 21 (twenty-one) days of the impugned decision. The 21-day period in casu expired on 7th February 2023. The appeal/review is date stamped the 14th February 2023. Therefore, ex-facie the relevant documents the matter was filed out of time. However, applicant averred that he uploaded his papers on the 3rd February 2023, but the Registrar only stamped them on 14th February 2023. There is nothing on... More
