This is an application for condonation of late filing of application for review. A dispute arose between the Applicants and the Respondent which was referred for conciliation. The parties could not agree and the matter was referred to arbitration. Applicants were employed on fixed term contracts which were not renewed when they expired. Applicants alleged that they were on contracts without limit of time and the termination of whose contracts on notice was irregular. The arbitrator ruled in favour of the Respondent, dismissing the claim for lack of merit. The award was rendered on 18 September 2013. More
The appellant was charged and convicted of the following acts of misconduct under S.I.15 of 2006 of the National Employment Code of Conduct which reads;
“5.1. S4 (a) any act of conduct or omission inconsistent with the fulfilment of the express or implied conditions of his or her contract.
5.2. (f) gross incompetency or inefficiency in the performance of his or her work.
A penalty of dismissal was imposed thereafter. His appeal to the Appeals Officer was dismissed hence the present appeal. More
This is an appeal from the decision of an arbitrator. It was handed down on 28 April 2015.
The respondent raised an objection in limine and stated that the appeal was improperly before the court. It was filed out of time contrary to the provisions of Rule 15 (1) of the Labour Court Rules, 2006. More
The 1st respondent is a former employee of the appellant. He was employed as a Purchase Officer. Following an audit the appellant discovered that 1st respondent hand caused losses to the company in the amount of US$314 through favouring one client, Champions, a supplier of motor spares. Initially appellant had referred the matter to the police and then acing on advice opted to
conduct disciplinary process. The 1st respondent thereafter started absconding from work from the 14th of August, 2021. The appellant then levelled charges against 1st respondent of absenteeism; (1 count) unsatisfactory work performance (4 counts). A disciplinary hearing... More
To that end this is a consolidated matter in respect of LC/H/350/13, LC/H/380, LC/H/384/14 and LC/H/259/15.
Parties agreed on the issues for determination by this court which were set out as follows:
Whether or not
i) Arbitrator Dangarembizi erred in finding the respondent not guilty of acts inconsistent with the terms and conditions of his contract of employment;
ii) Arbitrator Dangarembizi erred in finding the respondent guilty of wilful disobedience of a lawful order;
iii) Arbitrator Dangarembizi erred in interfering with the penalty of dismissal and in ordering the respondent’s reinstatement;
iv) Arbitrator Dangarembizi erred in awarding the employee back-pay... More
