This is an appeal against the decision of an Arbitrator. The Appellants were employed by the Respondent on the basis of fixed term contracts. The appellants had been so employed for varied periods some dating back to 2005 and others to 2011. All these fixed term contracts were not renewed when they expired in July 2012. When the Appellants were not reengaged they were aggrieved and the matter was subsequently referred to arbitration. More
Applicant is dissatisfied with Respondent’s refusal to pay his incentives amounting to $4400.00 from the date his dismissal to the date of his reinstatement. More
The plaintiff issued summons against the two defendants claiming payment of a sum of US$ 131 046-22, interest thereon at the prescribed rate from 28 February 2014 to date of full payment and costs of suit on the legal practitioner and client scale. More
The applicant sought an order compelling the respondent to deliver a lease agreement signed between the parties in respect of a property known as stand number 32393 Unit K. After hearing arguments from parties and having considered documents filed of record, the court granted the following order after handing down a brief ex tempore ruling: More
The applicant’s legal practitioners filed this chamber application headed “Chamber Application for Dismissal of Application in terms of Rule 236 (4) (b) of the High Court Rules,1971.” More
This is an application for condonation of the late filing of an appeal by the applicant employer against an arbitral award which was made in the respondent employee’s favour.
The background to the matter is that the respondent attended at arbitration on a matter where he claimed non payment of overtime worked. Conciliation efforts had failed to resolve the matter thus leading to the reference to arbitration. It was concluded that indeed respondent had to be paid overtime calculated using the documents which were tendered to the arbitrator on the quantum. More
This is an appeal against the decision of Honourable Arbitrator C Tanyanyiwa that was handed down on 22 October 2015. The award is couched as follows:
“I therefore award that the employee is entitled to the following:
(1) 90 days cash in lieu of annual leave due.
(2) Terminal benefits upon termination of the contract of employment.
(3) The employee is entitled to outstanding wage arrears during the time she was on maternity leave.
(4) The issue pertaining to non-payment of wages during the time she was on maternity leave is normally dismissed because she got paid a salary of... More
The applicant has approached this Court for stay of execution of the arbitral award issued on 25 June 2013. The applicant is deemed to have failed to pay the respondents their outstanding salaries and benefits upon closure of the company on 20 December 2011. More
This matter was set down as a rule 22 matter where the respondent had failed to file its response on the matter. As required by the rule in question the defaulting party can show cause why it defaulted and why it should be allowed to regularise its position so that the matter can then properly proceed as an opposed matter. More
The appeal is against a determination handed down by the National Employment Council (NEC) for the Plastic Manufacturing industry on the 7th of October 2013 which determination confirmed Appellant conviction on a charge of violating health and safety regulations for failure to wear protective clothing provided by the employer and the penalty of dismissal consequently imposed. The appeal is opposed.
The Appellant was employed by the Respondent. On the 1st of May 2013 the Appellant was discovered upon an inspection to be wearing the safety clothing not provided by the employer. He was wearing an old and phased out overall... More
This is an appeal and cross appeal against the decision of the designated agent who ruled that appellant had been irregularly dismissed and ordered that he be reinstated without loss of salary and benefits or that he be paid damages for the loss of his job as a watchman with the respondent employer. More
This litigation and indeed the dispute between the parties could have been avoided. It is the signal failure of the office of the Mining Commissioner to manage a simple mining issue which has brought about the simmering conflict between neighbours, a conflict which could have led to dire consequences, but for, the commendable self- restraint of the parties who have continued to submit themselves to due process only to be let down by the Mining Commissioner’s Office. More
Pursuant to the registration of an arbitral award handed down in favour of the respondents on 17 November 2009, the respondents have proceeded to execute on that order.
The execution currently in full swing has led to the attachment of the applicant equipment some of which constitute the mainstay of its very existence. The applicant’s very existence and the welfare of all its employees including the respondents have been thrown on the spotlight. It is under a serious threat.
Alarmed by the unfolding drama the applicant sought clarification as to what amount was exactly due to the respondents against what... More
