This is an application for review of the events that eventually led to the applicants’ retirement/dismissal from employment. It is alleged that the Town Clerk acted ultra vires his mandate in that he made the decision meromotu in the absence of a Council Resolution to retire the first and 2nd Applicants. It has also been submitted to the court that the 3rd and 4th Applicants’ offices have been abolished by the Respondent and thus abolition amounts to a defacto retrenchment exercise. The Applicants have told the court that this is a unilateral variation of the employment contract. More
This is an application for review of a decision by respondent’s Appeals Committee dismissing the applicant’s appeal.
The background to this case is as follows. Applicant was employed by the respondent as an Assistant Executive Finance. She was suspected of having committed certain offences in contravention of the respondent’s Code of Conduct. She was duly suspended and she appeared before a disciplinary committee which found her liable and dismissed her. The applicant thereafter filed an appeal with this court against the determination of the disciplinary committee. The appeal was dismissed on the basis that the applicant as a requirement should... More
The present appeal was noted against an arbitral award handed down on 4 July 2013 in which award the Arbitrator determined that the two Appellants were lawfully terminated from employment. More
This is an appeal that was filed on 2 December 2013. The background of the matter as given by the Appellants in their heads of argument in that the Appellants were employed by the Respondent in different capacities on different dates within its establishment. More
On 28th March 2014 this Court dismissed an appeal by Applicants having upheld points in limine raised by the Respondent. Applicants allege they were employed by Respondent on different dates. On 15th April 2010 Respondent entered into a franchise agreement in terms of which Applicants were temporarily transferred to Upridge Investments (Pvt) Ltd. Respondent disputed employing all the Applicants. On 30th September 2012 Arbitrator Lucas confirmed that the franchise agreement had been cancelled on 21st March 2012. Applicants alleged that their contracts of employment were terminated through a letter dated 28th January 2013. Respondent on the other hand alleged that... More
The appellant, Mr Mugove Chatizembwa, was employed by the respondent as a quarry superintendent. On 21 April 2013 he was on duty. Without seeking his superior’s authority he took a company vehicle and went to a certain farm which is about 25 kilometers from his work place. The purpose of this trip was personal to him. Whilst there he met one of his superiors. They exchanged greetings. Thereafter they discussed his presence at that place at the material time. What transpired at that venue is best captured by his report to the Mines Engineer which I will quote in full. More
