Appellant’s grounds of appeal as per his Notice of Appeal are that:-
The Respondent’s General Manager erred on point of law in;
(a) Finding that Appellant was guilty of theft a charge which is not supported by the facts.
(b) The decision to dismiss the Appellant was predetermined.
(c) Appellant guilty when the hearing was held n contravention of the Code of Conduct and was marred by irregularities namely:-
(i) Appellant was never given an opportunity to
listen to the testimony of the witnesses who testified in his absence.
(ii) Appellant was never afforded an opportunity to
cross-examine the witnesses.... More
On the date of hearing of this appeal, (26th June 2013), both parties’ Legal Practitioners suggested and agreed that I determine the matter on the documents filed of record. This is in terms of Section 89(2)(a)(i) of the Labour Act [CAP 28:01]. This therefore is my judgment. More
The Appellant was employed by the Respondent in 1995 as the Administrative Manager. In 1999 he was appointed to the position of General Manager Bulawayo Makro Store. In 2003, he was transferred to Harare as General Manager for Mukuwisi Store. More
On 6 December 2011 the plaintiff issued a summons for damages for defamation and for iniuria. The defamation claim was against the first and second defendants. The iniuria claim was in two parts; the first against the first and third defendants, and the second against the first defendant only. More
This is an unusual application. The applicant is the purported defendant in a contested action filed by the respondent as plaintiff in this court HC 8956/10. A pre-trial conference was held and the action referred to trial on a set of issues that were agreed between the parties before a judge. More
This is an appeal against the arbitrator’s quantification of damages award made in favour of the Respondent against the Appellant Company. The arbitrator ordered that the Respondent be paid damages in place of reinstatement and back pay in foreign currency following his dismissal by the Appellant Company. More
This is an appeal by the Appellant against dismissal from the Respondent’s employ. Before merits of the appeal could be heard, Ms Maposa who appeared on behalf of the Respondent raised a point in limine.
Ms Maposa contended that the grounds brought by the Appellant should have been by way of review and not by appeal. This is so because Ms Maposa continued, the grounds raise procedural issues and not the substantive correctness or otherwise of the decision being appealed against. It was also averred on behalf of the Respondent that the grounds of appeal are vague. Mr Chimutashu who... More
