The matter was placed before me as an appeal against an arbitral award handed down on 2nd June, 2011.
The material background facts of the matter are as follows;
The Respondent was employed by the Appellant as a nurse from February, 2003 to June 2009. He was then dismissed in June, 2009 on allegations that he had absented from duty for 5 months. He was verbally dismissed by the Executive Officer Advisor. The Respondent initially referred the matter to the Labour Officer for conciliation and when that failed the matter was referred to arbitration. The terms of reference were for... More
This is an appeal against the decision of the Exemptions Committee of the National Employment Council for Rural District Councils.
The Facts
The Respondent was employed as a field officer by the Appellant. He was charged with fraud and after the internal hearing was dismissed from employment. Disgruntled with this decision, the Respondent appealed to the Exemptions Committee which set aside the decision of the hearing committee and reinstated him to his former position. More
This is an appeal against the decision of the exemptions committee for the National Employment Council for Rural District Councils where the respondent employee was found not guilty of the misconduct complained about by the appellant employer and reinstated to her job without loss of salary and benefits. More
On the 29th March 2021 at Harare the Exemptions Committee (EC) of the NEC for Rural District Councils issued a determination. The EC ordered appellant (employer) to reinstate respondent (employee) without loss of salary and benefits. The employer then appealed to this Court in terms of section 92 D of the Labour Act Chapter 28:01. More
This is an appeal against the decision of the arbitrator. The arbitrator had presided over the issue of who was the respondent’s employer between the Rural District Council and the Ministry of Health and consequently who was responsible for the unfair dismissal of the respondent. That the respondent was unfairly dismissed was not an issue. The arbitrator’s decision was based on written submissions by the parties wherein both parties clearly show that the issue for determination was to determine who the employer was at the time of termination of the contract of employment. More
