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
The judgment in this matter was meant to have been handed down latest by the first term of 2013. However when the court sat down to consider the papers filed of record and the oral submissions by the parties on 29 November 2012 it became apparent that there was need to recall the lawyers representing both parties to shed light on the issues which exercised the mind of the court when it was preparing for the judgment. Consequently the court invited the said lawyers on the 21 March 2013. More
This is an appeal against the arbitrator’s award in which it was held that the Appellant council had committed an unfair labour practice against the Respondents and was thus ordered to correct the same.
The facts of the case are that in 2007 the Appellant came up with a new organogram meant to change the grading and designations of its employees. Same was approved by a resolution of the full Council and was partially implement by the re-designation of some of its employees.
The Respondents who were in Appellant’s employ as patrol persons were meant to be branded sergeants in... More
Respondent was employed by the Appellant in the Waste Management Department. It is alleged that Respondent absented herself from duty and she was brought before a Disciplinary Committee which sanctioned her dismissal. Respondent approached the Employment Council in 2011 on appeal but this was not resolved. The matter was referred to arbitration and the Arbitrator found in favour of Respondent. Appellant is dissatisfied with the decision of the Arbitrator and has appealed to this Court. More
This is an appeal against an Arbitral Award wherein it was ordered that Respondent be reinstated to his original position as the decision to dismiss him was null and void as it was made outside the prescribed time frames. More
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
CHIDZIVA, J:
This is an application for stay of execution of the arbitral award pending appeal. The arbitrator ruled in respondent’s favour and held that respondent was unlawfully dismissed and ordered the reinstatement of respondent.
The brief background of this matter is that respondent was charged with theft of six (6) fuel coupons. He was found guilty and dismissed from employment. More
On the 25th January 2016 at Harare, Arbitrator P Shawatu issued an arbitration award. He ordered the appellant to reinstate the respondent or pay him damages in lieu of reinstatement. The appellant then appealed to this court. More
This is an appeal against an arbitral award in terms of which the appellant was ordered to reinstate the respondent without loss of salary and benefits. More
This is an appeal against an arbitral award granted on 4 February 2013, in which it was ruled that the appellant was committing unfair labour practices against the respondent and should stop such practices immediately. It was further ruled that the appellant should promote the respondent to the position of Divisional Officer and that the rotational leave days the respondent was entitled to be granted, and that such leave days be encashed should the respondent leave employment. More
