This is a referral by the High Court for determination under s 24(2) of the Constitution of Zimbabwe of questions of alleged violations of the fundamental rights of the applicants guaranteed under ss 13(1) (right to personal liberty); 15(1) (right not to be subjected to torture or to inhuman or degrading treatment) and 18(1) (right to the protection of the law). More
This is an appeal against an arbitral award handed down by Honourable J. Ndomene on 24 January 2014. The arbitral award upheld the dismissal of the appellants for misconduct, the misconduct being engagement in an unlawful collective job action.
A perusal of the arbitral award shows that the arbitrator found all the claimants that appeared before him guilty of misconduct. He however, differentiated the penalties on the basis of degree of participations in the unlawful job action. For those whose participation involved elements of wilful disobedience and physical assault on management, a penalty of dismissal was imposed. For those who... More
The appellant was employed by the respondent as a teacher at Madziwa Mine Secondary School. Following allegations of improper association with two female students, appellant was charged in terms of paragraphs 4, 7 and 24 of schedule (1) of the Public Service Regulations, Statutory Instrument 1 of 2000. Appellant was found liable for improper association with one of the students and in respect of the second student he was found not liable. Appellant was discharged from service. Appellant then noted an appeal to this court. I will address the student as the complainant for convenience. More
Appellant was employed by respondent as a Club Steward. On
2 October 2013, appellant was apprehended carrying some items in his bag by security personnel which allegedly belonged to respondent. Appellant was subsequently suspended and brought before a Hearing Committee. The Committee recommended his dismissal. Appellant approached the Ministry of Labour which office referred the matter to compulsory arbitration. The arbitrator found in favour of respondent. More
The brief background of this appeal is that Appellant was employed as a Driver/Salesman by the Respondent. It is alleged that on the 9th of July 2010 he delivered 28 cases of beer at Sahara Bottle Store in Budiriro Harare. It is also alleged that the appellant told the Respondent that he had sold the beer to Sahara on credit when he had actually been paid US$361,00 by Mr. Mutepfa. The Appellant was charged with theft and was dismissed from employment with effect from the 24th of December 2010. More
This judgment relates to an application for condonation of the late filing of a founding affidavit in an application for rescission of judgment and an application for the rescission of the judgment which was made in the respondent (employee’s) favour in default of the applicant (employer). More
