This is an appeal against the Respondent’s decision to dismiss the Appellant.
The Appellant was employed as a Maintenance Superintendent in the Engineering Department of the Respondent. Following allegations that the Appellant had interfered with a tender process by soliciting for a bribe from one Gwature, Appellant was charged. The Appellant was charged for contravening Sections 12 B (2) (b) (ii) and (iv) of the Labour Act. He was found liable by a Disciplinary Committee. An internal appeal was noted and it was unsuccessful. Appellant then appealed to this Court on the following grounds.
(1) That there was no evidence... More
This is an application for rescission of a default judgment entered against the applicant. He arrived at court ten (10) minutes after that judgment had been entered against him. This delay was caused by the fact that he travelled from Kwekwe which is over two hundred kilometres away from Harare where the court was being held. The appellant appears to have been keen to prosecute the matter. If he adopted a deliberate attitude in order to arrive late, the court still considers the effort he put. He will be given the benefit of doubt. He will be ruled not to... More
Appellant was employed as a teacher at Rwizi Primary School. Following allegations of misappropriation of funds, Appellant was dismissed from employment. He has approached this Court for relief. Appellant’s main ground of appeal was that he was not heard when Respondent made the decision to dismiss him. Appellant further alleges that the Respondent did not state the amounts that he was supposed to pay back to the school More
This is an appeal against an appeal of the National Employment Council for the Commercial Sectors dated 5 February 2014. The Negotiating Committee in its findings stated that
“From the above observations a decision was made that the appellant indeed unlawfully took the US$30.00 belonging to the respondent with the intention to permanently deprive the company the use of such property. On those grounds the Negotiating Committee upheld the decision of the Mashonaland Local Joint Committee and dismissed the employee’s appeal.” More
This matter was set down as 2 applications in one that is, a chamber application for the dismissal of the employee’s appeal in terms of Rule 19 (3) (a) for want of filing Heads of Argument on time and an application for condonation of the late filing of Heads of Argument by the employee. More
This is an appeal against an arbitral award, the grounds of appeal being that:-
- the Arbitrator erred in law
- in holding the appellant committed an unfair labour practice by terminating respondents’ contracts of employment.
- Ordering appellant to reimburse respondents’ money deducted for training when there was no basis at law for such a finding. More
