On the 10th December, 2012 Respondent filed a notice of appeal in this court against an arbitral award which was issued on the 18th November, 2012. The notice of appeal (LC3) and notice by Registrar (LC2) were served on and received by the Appellant’s legal practitioners on the same date at 15.45 hours. More
This is an appeal against the decision of an Arbitratorsitting at Harare.Before the appeal could be argued respondent raised a point in liminethat the appellant has approached this court with dirty hands. The respondent submitted that the appellant approached this court before complying with the decision of the Arbitrator. It is trite that in terms of Section 92 E (2) of the Labour Act [Cap 28:01] (The Act) an appeal does not suspend the operation of the decision appealed against. Further Section 92 E(3) of the Act provides a party with a chance to apply for the suspension of the... More
This is an application for interim Relief as provided for in section 92 E(3) of the Labour Act [Cap 28:01] as read with section 17 of the Labour Court Rules (SI 159/06). More
Appellant was arraigned before a Disciplinary Committee on 6 charges in terms of the 1st schedule of the Public Service Regulations S.I. 1/2000 (The Regulations). Four of the charges were found to have been proven, and as a result the Disciplinary Authority discharged her from the Respondent’s employ. More
Appellant was aggrieved by the National Employment Council Appeals Board’s decision upholding Respondent’s decision to transfer him from Harare to Hwange and has approached this Court seeking a reversal of the transfer. More
This is an application for quantification of damages. This is pursuant to a court order that:
“The respondent be and is hereby ordered to reinstate the appellant to his post with no loss of salary and benefits with effect from date of dismissal. In the event that reinstatement is no longer possible, the respondent be and is hereby ordered to award the appellant appropriate damages as agreed between the parties. Should parties fail to agree, either party may approach this court for quantification.” More
The background of the case is that on 12 February 2013 Appellant was requested to relieve the Managing Director’s Secretary, Lauren Maungana in the morning. When Lauren came back in the afternoon she discovered that the Appellant had accessed her profile and forwarded personal emails and part of her CV to one NaumeNyaira. NaumeNyaira had sent a response which indicated that she had received the said information. Appellant had deleted the emails in question from the “sent” folder. Lauren reported to the Human Resources Manager who held a counseling session with the two in an endeavour to resolve the matter... More
