This is an appeal in terms of section 92D of the Labour Act [Cap28:01]. The appeal is noted against the determination by the Respondent’s Appointed Designated Officer which determination was confirmed by the Human Resources Committee Board on the 13th of October 2017. The determination was to the effect that Appellant be dismissed from employment. More
Appellant was employed by Respondent and at the time charges were levelled against her she was a vehicle sales administrator.
For not attending a performance appraisal interview, Appellant was charged with wilful disobedience to a lawful order given by a superior. This was in terms of section 9.(57) of Respondent’s Code of Conduct. The Disciplinary Committee found the charge as proved and imposed a dismissal penalty. More
This is an appeal against the decision of the respondent appeals officer who confirmed the guilty verdict and dismissal penalty meted out on the appellant employee following allegations of conduct inconsistent with the contract of employment in contravention of Section 4 of the Model Code. Facts of the matter are that appellant who was in the respondent’s employment as a Senior Registrar- Human Resources was accused of having failed to properly authenticate one Rashirai’s certificates and that led to Rashirai being employed by the respondent on the basis of his fake certificates to the detriment of the respondent. Appellant was... More
This is an appeal against an arbitral award by Hon T Mlilwana that was handed down on 24 August 2015. The arbitrator handed down the following award:
“(i) Backpay $280-00 x 12 months = USD 3 360-00
(ii) Damages $280-00 x 8 months = USD 2240-00
(iii) Gratuity $27% x $280-00 x 22 years = USD 1163-20
(iv) Leave Pay $280-00 x 2 months = USD 560-00
Total USD 7 323-00 More
The Appellant was employed as an Executive Secretary by the Respondent through a letter of appointment dated 28 February 2009. This contract of employment was for a fixed period terminating on 28 February 2014. In a letter dated 15 February 2012, the Appellant was appointed to the post of Finance and Administration Manager. In a letter dated 13 November 2013 the Respondent advised the Appellant that it desired to terminate the employment contract with immediate effect but undertook to pay all contractual dues for the remaining period of the contract. The Appellant took his matter to the Labour Office and... More
