This is an appeal against an arbitral award which overturned the Appellant’s Disciplinary Committee’s decision which had found Respondent guilty of misconduct and dismissed him from employment. More
This is an appeal against an arbitral award issued on 27 February 2014. The arbitrator having made a finding that respondents’ dismissal was unfair ordered that the respondents be paid US$1008-55 each within a month of the order. More
The appellant is appealing against the honourable arbitrator M Mpango dated 26th day of March 2012. The accused was couched as follows:
“The respondent perpetrated unfair labour practices by treating claimants as casual workers after the expiry of six weeks in four consecutive months in violation of the relevant collective bargaining agreement. It is hereby ordered that the respondent re-instates the claimants or pay $1741-00 to each of the claimants as damages in lieu of re-instatement. The respondent is also ordered to pay $4 818-00 to each of the claimants in respect of underpayment of wages, overtime and allowances.” More
This is an appeal against an arbitral award issued by Honourable K M Nhongo on 5 December 2013. The award ruled that the appellants were not entitled to the retrenchment package they were seeking, which package was in terms of a determination made by the Minister of Labour and Social Welfare (“the Minister”). The arbitral award ruled that the appellants were, instead, entitled to a retrenchment package in terms of an agreement they had entered into with the respondent, prior to the Minister’s determination. More
Appellant and Respondent engaged in a collective bargaining process with a view to agree on wage, transport and housing allowance increments for January to December 2014. Respondent advocated for an overall increment of 52.2% in wages, transport and housing allowances. Appellant proposed an increment of 2.5% on wages only. Housing and transport allowances were to remain unchanged on appellant’s proposal. A deadlock was declared. The matter was referred to conciliation but was not settled. It was then referred to arbitration and the arbitrator awarded a 10% increment on the basic wages for the employees concerned on 17 March 2014. Appellant... More
The appellant was ordered to reinstate the respondents by the National Employment Council for the Engineering and Iron and Steel Industry Appeals Committee. Appellant appealed against the said order.
Before the matter was argued on the merits, the respondent raised three preliminary points. The first preliminary point being that the appellant has dirty hands it failed to comply with the order made against it. Appellant should first purge its contempt before approaching this court. The second preliminary point raises the issue of representation, whether one Samkange was authorised to represent the appellant. The third preliminary point challenges the appropriateness of... More
Respondents were in the employ of the applicant/appellant on fixed term contracts since October 2010. The last such contracts were effective from 1 March to 30 June 2012 and were not renewed. Respondents lodged a claim for unfair dismissal alleging that they had a legitimate expectation to be reengaged. That matter ended up before arbitration where the award was in favour of respondents ordering reinstatement and damages in lieu of reinstatement. More
