This is an application for stay of execution of an arbitral award pending the determination of an appeal before this court.
The application is made in terms of section 92 E of the Labour Act [Chapter 28:01].
In order to succeed in such an application the applicant has to show that it has a prima facie right to the relief, that the applicant would suffer irreparable harm if the relief is not granted and that the balance of convenience is in its favour. More
This is an appeal against an award made by an arbitrator sitting at Harare. The award was handed down on 27 January 2012.
The appellant did not apply for the suspension of the operation of the award being appealed against pending the finalization of the appeal.
The respondents have now raised a point in limine. Mr Mazhetese who appears on behalf of the respondents argued that the appellant has approached this Court with ‘dirty hands’. This is so Mr Mazhetese argued,because the Labour Act Chapter 28:01 (The Act) stipulates that an appeal against an award does not suspend the operation... More
An arbitration award made by the Honourable D.H. Muza is the subject of this appeal. The award ordered Appellant to reinstate Respondent’s employment or alternatively to pay him damages for loss of employment. Appellant appealed to this Court against the award. Respondent opposed the appeal.
The crux of the appeal was that the award was grossly unreasonable and irrational. Excerpts of the award were quoted in support of this contention. More
The facts of the matter briefly outlined, are that the respondent was employed by the appellant as a messenger. It is alleged that on 15 May 2012 the respondent teamed up with his colleagues and visited some shops within the Harare Central Business District, where they demanded spot fines from shop owners. They did so after misrepresenting that they were licencing officials from the Council’s Licencing Inspectorate. This expedition led to the respondent’s arrest on criminal charges of impersonation of police. He was tried and acquitted of the criminal charges at the Harare Magistrates Court. More
The circumstances giving rise to the matter are not disputed. The respondent is employed by the appellant. In 2009 and 2010 appellant issued respondent with uniforms as he was a committee officer. The uniforms consisted of three suits, five shirts/blouses and two pairs of shoes per annum. From 2011 the appellant withdrew the entitlement by just stopping issuing the said uniforms. The respondent used the internal processes to remind the appellant to issue the uniforms to no avail. Eventually the respondent referred the matter to the National Employment Council for the Harare Municipal Undertaking for conciliation which failed to resolve... More
