The appellant is appealing against the arbitral award by Hon Arbitrator N A Mutongoreni dated 27 December 2012. The arbitrator ruled in favour of the respondents by stating that the respondents had been unfairly dismissed. More
This is an application for stay of execution of an arbitral award handed down by Honourable N.K. Nhimba on 14 August 2013. The award nullified the short time work implemented by the applicant from 1 September 2011 to May 2013. The award also ordered payment of amounts owed to the respondents as a result of reduced salaries paid during implementation of short time work. More
This is an application for condonation of late noting of appeal. Applicant was employed as a Dump Truck Operator by respondent. He was dismissed from employment on 24 March 2014 after having been found guilty of stealing diesel and selling it to a third party. On 26 March 2014 he appealed to the Disciplinary and Grievance Committee. On 2 April 2014 the Disciplinary and Grievance Committee confirmed the dismissal and advised the applicant of his appeal rights to this court. In terms of Rule 15 of S.I. 59/2006 applicant had twenty-one days within which to appeal to this Court. The... More
The Applicant was employed as the Chief Executive Officer (CEO) by the first Respondent. Applicant had been employed by the 1st Respondent in February 1985 initially as an Internal Auditor. He later became first Respondent’s Group Chief Accountant, the Group Financial Controller and the General Manager Finance and Investments. In 2004, he was appointed to the position of Chief Executive Officer. He reported directly to the Board of Directors. More
This is an application for leave to appeal to the Supreme Court. This Court allowed an appeal by the Respondent against a decision by an arbitrator in favour of the Applicants.
Applicants were employed by BP Shell as supply and logistics Managers respectively. Around 20 October 2010 BP Shell sold its services as a going concern to Respondent. A transfer of undertaking was done in terms of Section 16 of the Labour Act [Chapter 28:01]. On 21 November 2011 Respondent offered Applicants a voluntary retrenchment package which was declined. On 15 December 2011 Respondent served Applicants with a compulsory notice... More
This court reserved judgment on point in limine and merits on the
16 September 2013 after the respondent through its lawyers Mr A Mugandiwa had raised a point in limine. The respondent submitted that the grounds of appeal that the appellant had raised were of fact and not law. On the other hand the appellant told the court that the issues that had been raised were points of law and that this court had to deal with the merits of the appeal. More
This is an appeal against an arbitral award in favour of the Respondent. Respondent was employed by the Appellant as a Site Quantity Surveyor on 17th February 2012. It is alleged the Respondent stopped going to work in March 2013. In June 2013 he reported for work and demanded his salary. Appellant contended that Respondent had repudiated his contract of employment by failing to report to work. On 6th June 2013 Respondent’s contract of employment was terminated. More
