Appellant was employed by the Respondent as waiter. He was engaged for eight (8) days and was allegedly dismissed. The matter finally landed in arbitration. An initial arbitration award was set aside by Justice KUDYA. In the second arbitration, the Arbitrator found in favour of Appellant. Appellant is not satisfied with this award and appealed to this Court. More
This is an application for rescission of a judgment which was granted in the absence of the applicants. The applicants have asserted that they or at least one of them (1st applicant) used to make regular checks with the court officials and were consistently told that no set down date had been granted. The first applicant was surprised one day when upon insisting that he wanted to know what was happening the he was told that the matter had already been disposed of. Thus the present application became necessary. More
Appellants were employed by Respondent in April 2011 as guards. Their contracts of employment were termination with effect from 30th June 2012. On 30th July 2012 Appellants approached the NEC appealing against unlawful dismissal/termination of contracts. The Grievance and Disciplinary Committee held that Respondent did not follow proper termination procedures and ordered their reinstatement without loss of salary and benefits with effect from date of unlawful termination. More
This is an appeal against an arbitral award granted in favour of the respondents at Harare on 11th February 2013.
The brief facts of this matter are that the respondents who are former employees of the appellant were voluntarily retrenched in terms of the respective agreements it entered into with them. Out of the agreements one issue was not met by the appellant. This is with respect to their bonus payments. The parties failed to agree on the interpretation of the paragraph relating to the payment of bonus. The matter was referred to conciliation. Parties failed to agree and the... More
On 23 September 2013 this court issued an order dismissing with costs the application for stay of execution. A request has been made for reasons for the order and I outline the reasons in the following judgment. More
The applicant seeks condonation for late filing of Notice of Response.
The respondent was dismissed from the applicant’s employment following a misconduct determination by applicant’s Disciplinary Authority on 25 February 2014. The respondent noted an appeal with this Court on 27 March 2014. The Notice of Appeal was served on the applicant on 2 April 2014. More
This matter was set down before me as a rescission of judgment application by the employer of a judgment which was granted in default by the Labour Court in favour of the employee. Parties will in the entirety of this judgment be referred to as employer and employee to avoid confusing the record since the record is replete with the parties interchanging roles depending on what application was before the court at the various stages. More
