This is an appeal against an arbitral award requiring the appellant to reinstate the respondent or in lieu thereof pay him damages.
The respondent was employed by the Appellant in 2001 as a security guard. He rose through the different ranks until he became an Operations and Fore Court Manager a post he held at the time of dismissal. During the course of his employment it was alleged that respondent had committed some acts of misconduct. Subsequently the respondent was served with a letter of suspension dated 26 July 2011. It is important that I set out the contents of... More
The material background facts are as follows;
The Applicant was employed by the Respondent as a bus washer from 2003. The Labour Court found that he had been unlawfully dismissed and handed down the order as reflected supra. The Respondent, having opted out of reinstatement the Applicant approached this court for quantification of his claims. The original claim was for $34 880.27 to cover backpays and damages in lieu of reinstatement. That claim was however supplemented through papers filed on the 18th of September 2012 to reflect a total claim for $44 062.56. More
On 29 November 2013 the Honourable W Mufambeni made an arbitration award. In terms thereof he ordered Applicant to pay Respondents various amounts adding up to $81 740.00 in respect of arrear wages. On 6 January 2014 Applicant appealed to this Court against the award. Respondent opposed the appeal. Then Applicant filed the present application for stay of execution. More
The respondent raised a point in limine that the grounds of appeal do not raise a question of law as contemplated by Section 98 (10) of the Labour Act [Cap 28:01] and as defined in the case of Muzuva v United Bottlers (Pvt) Ltd 1994 (1) ZLR 217. The grounds of appeal relied upon by the appellant are as follows:- More
This is an appeal against the decision of the Respondent’s Appeals Authority handed down on 4 July 2012 which decision confirmed an earlier decision by the Disciplinary Authority finding the Appellant guilty on the charge of unlawful job action and subsequently imposing a penalty of dismissal in respect of all the Appellants. More
Appellant was employed on three months contracts from 1st October 2003. The last of such contract expired on 31st December 2009 and was not renewed. The Appellant challenged the non-renewal as unlawful dismissal. The matter was subsequently referred to arbitration and the Arbitrator ruled in favour of the Appellant. The Arbitrator ordered that;
“Since the last contract had run its course, it is the tribunal’s view that the claimant is entitled to reinstatement or to payment for an equivalent period to his last contract, on the same terms and conditions as that last contract which was subsequently not renewed. That... More
