On the 25th August 2021 at Harare the Designated Agent for the NEC Medical and Allied Industry issued a determination. He ordered Appellant to reinstate Respondent or pay her an agreed retrenchment package in lieu of reinstatement. Appellant then appealed to this Court against the determination. Respondent opposed the appeal. More
Respondent was employed by Appellant as its Managing Director for the Health Care Division. As a result of certain allegations against him, Respondent was arraigned before Disciplinary Committee which acquitted him. The two parties have been embroiled in litigation culminating in a hearing before the Arbitrator the subject of this appeal. More
This is an appeal against the decision of an arbitrator ordering the appellant to reinstate the respondents or alternatively that the respondents be awarded the appropriate damages in lieu of reinstatement. More
1. The honourable arbitrator misdirected himself at law by applying the labour (amendment) act number 5, 2015 to the matter, yet the Labour Amendment Act was not in operation when the cause of action arose.
2. The honourable arbitrator erred at law in his calculations of the back pay and damages in lieu of reinstatement which led him to arrive at a wrong figure which should be due to the respondents.
3. The honourable arbitrator’s award is so unreasonable and irrational in its defiance of logic so as to constitute a ground of appeal in that: More
The appellant appeals in this case against an arbitral award.
Section 98 (10) of the Labour Act [Chapter 28:01] (“the Act”) provides as follows:
An appeal on a question of law shall lie to the Labour Court from any decision of an arbitrator appointed in terms of this section. More
