An arbitration award made by the Honourable D.H. Muza is the subject of this appeal. The award ordered Appellant to reinstate Respondent’s employment or alternatively to pay him damages for loss of employment. Appellant appealed to this Court against the award. Respondent opposed the appeal.
The crux of the appeal was that the award was grossly unreasonable and irrational. Excerpts of the award were quoted in support of this contention. More
The circumstances giving rise to the matter are not disputed. The respondent is employed by the appellant. In 2009 and 2010 appellant issued respondent with uniforms as he was a committee officer. The uniforms consisted of three suits, five shirts/blouses and two pairs of shoes per annum. From 2011 the appellant withdrew the entitlement by just stopping issuing the said uniforms. The respondent used the internal processes to remind the appellant to issue the uniforms to no avail. Eventually the respondent referred the matter to the National Employment Council for the Harare Municipal Undertaking for conciliation which failed to resolve... More
At the hearing of an appeal in this matter, respondent made an oral application for a postponement of this matter to enable the filing of heads of argument, which are outstanding. More
This is an appeal against an arbitral award which was made in favour of the Respondents in a matter where the Respondents, the then claimants alleged that they were performing duties above their grades and had not received payments for that or alternatively had not been promoted to the grades for which they performed the duties.
The background to the matter is that the Respondents who are in the Appellant’s employ in various capacities approached the Arbitrator on the basis that between 2000 and 2009 when the country faced an acute brain drain they were made to perform duties for... More
This is an appeal against an arbitral award issued by Honourable N. Shumba on 13th March 2014. The arbitral award upheld the Respondents’ claim of unfair labour practice. The award also ordered the Appellant to evaluate the job of Principal Accountant. More
Respondent was employed by the Appellant in the Waste Management Department. It is alleged that Respondent absented herself from duty and she was brought before a Disciplinary Committee which sanctioned her dismissal. Respondent approached the Employment Council in 2011 on appeal but this was not resolved. The matter was referred to arbitration and the Arbitrator found in favour of Respondent. Appellant is dissatisfied with the decision of the Arbitrator and has appealed to this Court. More
This is an appeal against an arbitral award issued on the 13th February, 2013.
The award reads:-
“Wherefore after having carefully considered comprehensive evidence submitted, I therefore order as follows;
(1) Reinstatement of the claimant with full pay and benefits with effect from the date of dismissal.
(2) If reinstatement is no longer an option, damages in lieu of reinstatement should be paid over and above the back pay (up to the date of award).
Parties may approach the arbitrator for quantification of such damages.
(3) The award shall be implemented within 14 working days from the date of receipt... More
