On the 26th July, 2013 an arbitral award was issued which reinstated Respondent without loss of pay and benefits with effect from the date of dismissal. If reinstatement was no longer possible, damages were to be paid over and above the back pay. Parties were at liberty to approach the Arbitrator for quantification of the damages. More
This is an application for stay of execution of an arbitral award pending determination of an appeal.
Following quantification proceedings held before arbitrator Honourable T.S. Makamure, applicant was ordered to pay an amount of US$350 000,00 as damages in lieu of reinstatement.
The legal principles applied in an application of this nature are well established. They have been enunciated in various cases, which include Jere v Chitsunge HB 10/03, South Cape Corporation v Engineering Management Services 1979 (3) SA 534, Zimbabwe Open University v Gideon Magaramombe & Another SC 20-12. More
This is an appeal against the decision of the Zimbabwe Red Cross Society Managerial Disciplinary and Grievance Committee (the Committee). The Committee dismissed Appellant from Respondent’s employment with effect from 26th August 2013. More
According to the applicant’s founding affidavit this is an application to bar the respondent from conducting an internal disciplinary hearing against her. In addition the applicant seeks an order to have the disciplinary hearing conducted before an independent body.
The facts giving rise to the application are common cause. The applicant is employed by the respondent as an Environmental Health Inspector. In 2008 she was charged for being absent from duty where she was subsequently dismissed from employment in 2009. The applicant appealed against the decision to dismiss her. An arbitral award was issued in 2010 in her favour. In... More
This is an appeal against the decision of the arbitrator where he dismissed application for rescission of judgment filed by the now appellant in a matter where default judgment had been entered for the now respondent employer. More
This is an application for review of a decision by the respondent dismissing the applicant from its employ. The applicant was aggrieved by the following:
i) That no oral evidence was called to enable him to cross examine witnesses; that there was unnecessary splitting of charges; that – the Appellant was found guilty of an offence which he was not originally charged with; that on appeal within the internal process the Appellate Tribunal was not supposed to call for evidence; that the internal review process was improperly exercised. The applicant was also aggrieved by the Disciplinary Committee’s decision to impose... More
