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This is an appeal against an arbitral award of 27 May 2013 in which the Appellant was ordered to pay the Respondents acting allowances and appoint them to the substantive position of Finance Manager Grade 4. More

This is an appeal against the decision of the arbitrator who ruled that the appellant employer was committing an unfair labour practice by making respondent employees act in grades higher than their real grades but not pay them an acting allowance or at least elevate them to the said higher grades. More

In August 2009 Respondent was employed by the Appellant as a Dental Therapist. In 2011 she applied for study leave to pursue a degree in Dental Surgery at the University of Zimbabwe. More

The Appellant was the Respondent’s employer. On 5 April, 2006, the Appellant dismissed the Respondent from employment following a disciplinary hearing for absence from duty without reasonable cause. The Appellant says the Respondent did not appeal against the decision; he left employment as a result of the dismissal and resurfaced in February, 2011 when he referred his case to the designated agent for the Employment Council for the Harare Municipal undertaking on 4 February, 2011, alleging unfair labour practice. More

There has been an undue delay in the handing down of this judgement. This was due to circumstances beyond the Judge’s control as the Judge fell ill and created a backlog. The court extends its most sincere apologies to the parties for the delay. The following is the judgement in the matter. More