This is an appeal against an arbitral award which found as follows;
• “The contracts signed by the Claimants (Appellants herein) are in terms of Section 16(2) (b) of the Labour Act. The Claimants freely and voluntarily entered into contracts with less favourable conditions. The Claimants are bound by their signatures, caveat subscriptor rule. The contracts signed by the Claimants are valid and binding on the parties as far as grades, rates of pay and other benefits are concerned. Caveat subscriptor rule does not diminish right to length of service not lawfully terminated.
• The Respondent erred by not taking... More
The plaintiff is the Executor dative of the estate late Charles Muzanya, which was before his appointment being administered by his predecessor KeniasMutyasira the third defendant. The third defendant had during his administration of the estate sold Stand 79 Brackenhurst Township of Christmas Gift Extension Gweru to the first and seconddefendants. The fourth defendant is the registrar of Deeds who is being sued in his official capacity. He has transferred the property in dispute to the first and second defendants. The fifth defendant is the Master of the High Court who is also being sued in his official capacity. He... More
The Appellant appeals against his conviction by Respondent’s Disciplinary Committee on count 1.2 under the relevant Code of Conduct. In particular Appellant was found guilty of contravening section 7 subsection (1) (b) (i) of the Employment Code of Conduct and Grievance Handling Procedure unsatisfactory work performance, that is to say being careless, negligent, insufficient or incompetence in the performance of duties. More
This is an appeal against sentence. The appellant was convicted of culpable homicide as defined in section 49 of the Criminal Law (Codification and Reform) Act[Cap9:23] by a Harare Regional Court and was sentenced to 36 months imprisonment of which 10 months imprisonment was suspended for 5 years on the usual conditions of future good behaviour. He remained with an effective sentence of 26 months imprisonment. The facts are that the appellant who was employed as a driver at Marase Estate was tasked to supervise a group of women who were collecting firewood in exchange for services they had rendered... More
Appellant appealed to this Court against his dismissal from employment by Respondent.
His grounds of appeal complained that,
“1. The Appellant was not accorded a fair hearing at the work place
and in particular the Respondent refused/neglected to release key witnesses.
The disciplinary proceedings were heavily, flawed and the principles of natural justice and fairness were not adhered to.
The Appellant did not receive adequate training and was not given proper induction. The decision to dismiss the Appellant is too harsh in the circumstances.
4) The Applicant (sic) was not afforded an opportunity to address the disciplinary committee in mitigation.” More
