The applicant in this matter applied for review of the decision of the Respondent’s Disciplinary Committee which was made on the 23rd of March 2009.
When parties appeared before this Court the respondent raised points in limine i.e.
(i) That the respondent filed its application well out of time i.e. about (3) three months after the hearing.
(ii) He did not even file an application for condonation of the late application.
(iii) Applicant did not exhaust the internal remedies provided in the Code of Conduct. More
On 12 November, 2010, the Applicant won an appeal against his dismissal in this Court. The order per President Musariri was as follows;
“1.The appeal is hereby allowed and dismissal of Appellant by Respondent is set aside;
2. Respondent shall conduct fresh disciplinary hearing before a new disciplinary committee and conclude same within thirty (30) days of this order failing which,
a) Respondent shall reinstate Appellant without loss of salary and benefits, or
b) Respondent shall pay Appellant damages for loss of employment in a sum either agreed by the parties or assessed by this court.” More
This is an application for condonation of late filing of Heads of Argument. The facts outlined by Wilson Chivaura reveal that Applicant received Respondent’s Heads of Argument on 12 June 2013. Those Heads of Argument were inadvertently misfiled and were only “discovered” on 5 July 2013. Applicant”s Heads of Argument were filed with this Court on the same day, that is, 5 July 2013 and were served on the Respondent on 8 July 2013. More
The appellant was employed by the respondent. He worked in an area called the “tool room.” He was charged with and convicted for theft.
The facts which are not disputed are that the appellant was found to have kept some 9 litres of engine oil and 2 litres of ATF oil in the tool room. The said oil was not kept in the open but was hidden behind a cabinet in that tool room. When the workshop manager who discovered the oil asked the appellant about the hidden oil, the appellant had no immediate answer. When the appellant was asked... More
This is an appeal against the decision of the N. E. Appeals Committee which upheld the Appellant’s dismissal by the Respondent on gross misconduct charges of failing to obey a lawful instruction in contravention of the National Employment Code of Conduct for Welfare and Educational Institutions. More
The appeal was noted against the arbitral award handed down on 10thMay 2013.The Appellant was employed by the Respondent as a Senior Promotions Officer in the Sales Marketing Department. His contract of employment was terminated following a retrenchment exercise which resulted in the Retrenchment Committee issuing a retrenchment certificate on the 20th of December, 2012. The Appellant subsequently referred a complaint of alleged unlawful retrenchment and non-payment of contractual entitlements to conciliation. Upon failure to conciliate the matter was referred to an independent arbitrator. More
The plaintiff husband issued summons out of this court on 24 November 2009 seeking a decree of divorce on the basis of irretrievable breakdown of the marriage, custody of the three minor children, and sharing of matrimonial property. More
