The brief history of the matter is that respondents are employed by applicantas petrol men (Grade 11) and stationed at various sections. The respondents raised a grievance of unfair grading in terms of the grievance handling procedure to the immediate supervisor.
The supervisor ruled in favour of the applicants. The respondents then took up the matter to the Public Safety Director who also found in favour of the applicant. The matter was then referred to the Employment Council for Harare Municipal Undertaking for conciliation. A certificate of no settlement was signed at conciliation. The applicant also ruled that respondents were... More
On 4th May 2010 this Court made a default order in favour of the Respondents. The order directed Applicant to reinstate Respondents or alternatively pay them damages in lieu of reinstatement. The order was made by reason of Applicant’s default.
On 18th March 2011 the Court granted Applicant leave to file a belated application for rescission of the earlier order. On 19th May 2011 Applicant filed the application for rescission. In matters of this nature an Applicant is required
to show good cause in order to obtain relief. The main pertinent factors are the explanation for the default and the... More
This is an appeal against an arbitral award which was made in favour of the Respondents in a matter where the Respondents, the then claimants alleged that they were performing duties above their grades and had not received payments for that or alternatively had not been promoted to the grades for which they performed the duties.
The background to the matter is that the Respondents who are in the Appellant’s employ in various capacities approached the Arbitrator on the basis that between 2000 and 2009 when the country faced an acute brain drain they were made to perform duties for... More
This is an appeal against an arbitral award issued by Honourable N. Shumba on 13th March 2014. The arbitral award upheld the Respondents’ claim of unfair labour practice. The award also ordered the Appellant to evaluate the job of Principal Accountant. More
This is an appeal against the decision of an arbitrator. The facts in this matter are largely common cause. Respondent was employed by appellant in the Highways and Works Department. Following his absence from duty, respondent was charged with absenteeism from work. He was brought before a Disciplinary Committee which convicted him and recommended his dismissal. The matter ended up in arbitration and the arbitrator found in favour of the respondent. Appellant has appealed to this court. More
