This is an appeal against the decision of the National Employment Council for the Engineering and Iron and Steel Industry which was issued on the 26 August 2013. The Committee upheld the decisions of the Local Joint Committee. The Local Joint Committee found the respondent guilty of contravening
i) Clause 11 (A) (d) unauthorised absence from work premises for more than five (5) days without a valid excuse.
ii) Clause 11 (B) (a) – reporting late for work without a valid excuse More
The facts presented by Applicant in this application for condonation of late noting of appeal are quite interesting. Applicant and Respondent appeared before the Arbitrator who granted the award on 30 July 2013. The Arbitrator ordered Respondent’s reinstatement and payment of damages in lieu of reinstatement. Respondent reported for duty but was subsequently locked out on 2 September 2013. More
This is an application for leave to appeal to the Supreme Court made in terms of section 92 F (2) of the Labour Act [Chapter 28:01] ‘the act’ as read with Rule 36 of the Labour Court Rules, Statutory Instrument 59/06 ‘the rules’. This court dismissed the appeal filed by the applicants in this matter. More
BeatusMandeya (Mandeya) was employed as a driver by respondent. It is alleged that on 6 April 2013 he was driving a Sakunda truck horse registration number ABG 5272 and Tanker registration number ABZ 9757. He loaded 39941 litres of petrol at Msasa and discharged 37 957 litres on the 26 April 2013 in Zambia. Mandeya realised a loss by meter of 1984 litres and 1704 after factoring loss in transit. More
On 28 February 2014 this Court dismissed Applicant’s application for interim relief filed in terms of section 92E (3) of the Labour Act [Chapter 28:01]. Applicant seeks to approach the Supreme Court. This is therefore an application in terms of section 92 (F) (1) of the Act. The basis of the appeal is that the Court erred in finding:
(a) that the appeal does not raise legal issues/points of law.
(b) that the arbitrator’ s findings would be unassailable on appeal; and
(c) that the applicant will not suffer irreparable harm if the award is executed. More
This is an application for stay of execution of an arbitral award pending the determination of an appeal lodged with this Court. Respondent was employed by Applicant as its Managing Director. Applicant alleges that Respondent tendered a verbal resignation and left employment and another Managing Director was engaged in his stead. Applicant states that it was surprised when Respondent instituted proceedings alleging unfair dismissal. The matter was subsequently referred to the Arbitrator who ruled in favour of Respondent. Applicant, dissatisfied with the decision of the Arbitrator, has since appealed. Pending the decision of the Court in that appeal, Applicant has... More
The appellant was employed by the respondent as an Assistant Branch Manager at its Mvurwi Branch. Following some discrepancies in the handling of a customer’s order the appellant was arrested. The appellant was subsequently brought before a Disciplinary Committee which recommended his dismissal. An appeal to the Appeals Committee did not yield the desired results and the appellant approached this Court for relief. More
