This an appeal against the decision of Honourable Arbitrator Mudiwa dated 17th June 2019 which was couched as follows;
“Wherefore after carefully analysing the relevant facts and law, I make the following awards,
(i) The Disciplinary Committee was properly constituted.
(ii) The charges against the claimant were preferred outside the prescribed time.
(iii) The department representative did not act improperly when he led evidence at the hearing which evidence had the effect of pre-emptying the matter or causing bias. The dismissal of the claimant was not fair in the circumstances.
(iv) The respondent is hereby ordered to reinstate the claimant.... More
This is an appeal against an arbitral award issued on the 13th February, 2013.
The award reads:-
“Wherefore after having carefully considered comprehensive evidence submitted, I therefore order as follows;
(1) Reinstatement of the claimant with full pay and benefits with effect from the date of dismissal.
(2) If reinstatement is no longer an option, damages in lieu of reinstatement should be paid over and above the back pay (up to the date of award).
Parties may approach the arbitrator for quantification of such damages.
(3) The award shall be implemented within 14 working days from the date of receipt... More
On the 7th February, 2014 Applicant filed a notice of appeal against an arbitral award issued on the 16th January, 2014.
Pending the determination of this appeal, Applicant filed an application for interim relief in terms of Section 92E(3) of the Labour Act [Chapter 28:01]. More
For convenience the Appellant in the appeal is also referred to as the Appellant under the cross appeal. The matter was placed before me as an appeal conjoined with a cross-appeal. Both appeals were noted against an arbitral award handed down by the Honourable Mukwehwa the operative part of which reads as follows; More
The facts of this matter are largely undisputed. They are that the respondent was employed by the appellant on 17 January 1995 as an Administrative Officer (training). More
