This is an appeal from an arbitral award. The arbitrator ordered that the respondent be reinstated without loss of salary and benefits or payment of damages in the alternative. More
The respondent was employed by the appellant. Allegations of misconduct were raised against him, he was charged and found guilty and dismissed.
After his dismissal, a dispute arose as to the terminal benefits he was entitled to. The matter was referred for arbitration and the arbitrator found that gratuity was payable as part of his terminal benefits. This aggrieved the appellant who then brought these current appeal proceedings. More
This is an application for leave to appeal to the Supreme Court. The application is at the instance of the applicant Municipality in a matter where respondent employees successfully sought reinstatement relief from a labour officer in a labour dispute pitting them and the Municipality. After deliberations were made on the Labour dispute the labour officer ruled that the employees had lost their jobs irregularly. In the result he reinstated them without loss of salary and benefits. In the alternate he ordered the Municipality to pay the employees damages in lieu of reinstatement. More
On the 17th July 2023 at Harare Arbitrator G. Masukume issued an award. He ordered appellant (employer) to pay respondent (employee) an amount of US$1,215,328.67 as outstanding salaries and benefits. The employer appealed the award to this Court whereupon the employee filed a counter appeal. The appeals were made in terms of section 92D of the Labour Act Chapter 28:01 hereafter called the Act. More
At the onset of oral argument it was agreed that this Court deals with the appeal and cross- appeal separately. The Court then proceeded to deal with the appeal.
Respondent raised a point in limine to the effect that there was no valid appeal before the Court. Firstly because appellant’s grounds of appeal are based on quantification of salaries and benefits together with damages consequent upon the unlawful dismissal of an employee. Appellant stated that he was not dismissed by respondent. The Labour Court in 2 judgments has affirmed he is still employed by respondent. Therefore the grounds of appeal... More
