The matter was placed before me as an appeal against an arbitral award handed down on the 13th of October 2011. The Respondent was employed by the Appellant as the Sports Director. He was suspended from duty on 21st June 2011 on allegations of misconduct. More
By order date stamped 22nd February 2018 the Supreme Court of Zimbabwe remitted the matter to this Court for it:
“(a) To determine the actual period during which the appellant was employed by the respondent and in respect of which the respondent was contractually obliged to remit pension contributions to the relevant Pension Fund.
(b) To compute the exact amount of the contributions payable in respect of both employer’s and employee’s contributions, less the amounts already paid by the
respondents for the period of actual employment determined in terms of paragraph (a) above.” More
The grounds of appeal which form the basis of this appeal are that:-
“1. The Arbitrator erred in finding that he had jurisdiction to entertain the dispute when the jurisdiction of a labour arbitrator is confined to disputes involving employees.
2. The Arbitrator grossly misdirected himself on the facts, which misdirection amounts to an error of law, in finding that the Respondent is entitled to cash in lieu of leave, outstanding commissions from 2011 and COPAC commissions.”
The brief background to this matter is that Respondent was in Appellant’s employ as a Sales Manager as from 2007. On the 30th... More
This is an application for leave to appeal to the Supreme Court against an order of this court. The background of the matter is that:
On 18 February 2013, the court considered an application for rescission of judgment which had been placed before it in chambers. More
On 17 September 2013 a default judgment was issued in favour of the Respondent. The matter had been set down for hearing on 17 September 2013 at 0900 hours. Applicant alleges that the legal practitioner of record was unable to attend the hearing due to ill health. He had been ill as from 13 September 2013 as evidenced by Casualty Unit case notes from the Avenues Clinic attached as Annexure A to the application. The deponent to the founding affidavit, one Mafo was requested to attend Court and seek a postponement of the matter to a date convenient to the... More
