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
This is an appeal against the whole judgment of the Magistrates Court handed down by Magistrate L Ncube at Harare in case number on HREC-CG 4050/22 on 23 November 2022. On 7 April 2022, the first and second respondents entered into a lease agreement in terms of which the second respondent leased to the first respondent, premises known as Machipisa Bar and Silver Room Tarven, Stand 4292, Machipisa, Harare (hereinafter referred to as the property or the premises). The monthly rental was US$3, 500.00 to be paid monthly before the first day of the month. The duration of the lease... 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
The respondent was employed by the appellant as a Traffic Enforcement Supervisor until August 2015 when he was dismissed from employment following a disciplinary hearing.
The background to this case is not disputed. Following allegations of misconduct the respondent was charged and invited for a hearing on 13 December 2013. More
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
