Appellants were former employees of the Central African Power Corporation (CAPCO). They were transferred to the Zimbabwe Electricity Supply Authority (ZESA) as security guards. After the transfer they worked until January 2012 when they were retired in terms of the ZESA Pension Fund Rules. Appellants disputed their retirement arguing that the applicable pension rules were the CAPCO Pension Fund Rules. In terms of the ZESA Pension Fund Rules the retirement age is 60 years while in terms of the CAPCO Pension Fund Rules it is 65 years. More
This is an appeal against an arbitral award wherein the arbitrator held that Respondent had been constructively dismissed as his resignation on the 31st January, 2011 was as a result of intolerable situations Appellant had subjected him to. The arbitrator also held that the caveat subscriptor rule did not apply to Respondent’s action for constructive dismissal as he signed the document only for the collection of his leave pay and January 2011 salary. More
This matter was set down as an application for the rescission of a judgment which was handed down in default of the applicant employer. On the hearing date the respondent raised a point at the outset. The point was meant to dispose of the matter without going into the merits. It is this point as the outset which is the subject of this judgment.
The background to the matter is that the respondent employee was dismissed from applicant’s employ on allegations of certain misconduct in contravention of the National Code of Conduct. The matter ended up at arbitration where the... More
This is an appeal against the decision of the respondent’s Appeals Committee. The Appeals Committee upheld the Disciplinary Committee’s decision to dismiss the appellant from employment after it found him guilty of misconduct. More
This is an appeal against the decision of the National Employment Council for the Printing, Packaging and Newspapers Industry Appeals Committee (NEC) which confirmed appellant’s dismissal from respondent’s employment.
The appellant was charged with misconduct in terms of the Printing, Packaging Code of Conduct Statutory Instrument 148 of 2009 (the Code), sections 18 and 20 (2). More
This is an application for rescission of a judgment issued in terms of Rule 19(3) (a) of this Court’s Rules SI 59/2006.
On 6th November 2013 Applicant noted an appeal against an arbitral award dated 22nd October 2013. On 13th November 2013 Respondent filed its Notice of Response. In terms of Rule 19(3) (a) of SI 59/2006 Applicant was supposed to file heads of arguments within fourteen days of receipt of the notice of response. This Applicant did not do. On 17th December 2013 Respondent reminded Applicant of the provisions of Rule 19(3) (a) of SI 59/2006. Applicant did not... More
