This is an appeal against an arbitral award which ordered that respondent be reinstated without loss of salary and benefits from the date of unlawful dismissal or that he be paid damages in lieu of reinstatement. More
This is an application for the dismissal of the respondent’s appeal for want of prosecution. The application has been made in terms of Rule 19 (3) (a) of the Labour Court Rules, S.I. 59/2006 (The Rules), on the basis that the respondent has not filed heads of argument. More
Respondent raised a preliminary point at the hearing of this appeal, that the United Builders Merchants (UBM) has dirty hands as it failed to comply with the arbitral award issued against it. More
After hearing the parties on 1 September 2014 this Court pronounced:
“It is the unanimous view of this Court that the appeal has merit and ought to succeed.
Accordingly, it is ordered as follows:
1. The appeal is allowed with costs.
2. The judgment of the court a quo is set aside and substituted with the following:
‘The application is dismissed with costs.’
Reasons for this judgment will follow in due course.” More
This is an appeal against adecision by an arbitrator.Before the merits of the appeal could be argued the respondent raised a point in limine. The respondent argued that the grounds before this Court raise factual issues as opposed to questions of law as provided for in the Labour Act [Cap 28:01] (The Act), Section 98(10) of the Act provides that;
“An appeal on a question of law shall lie to the Labour Court from any decision of an arbitrator appointed in terms of this section.” More
This is an application for leave to appeal to Supreme Court. The appeal is against the court’s judgment that was handed down on the 14th of February 2014.
The Applicant’s grounds of this application are that:
(i) The court erred in ordering that Respondent be awarded damages in lieu of reinstatement in United States Dollars when he had suffered loss in the Zimbabwean Dollar currency.
(ii) The court did not implement its findings to the effect that Respondent did not mitigate his loss by seeking alternative employment.
(iii) The Applicant has good prospects of success on appeal. More
This is an appeal against an Arbitral Award granted by Honourable T.S. Makamure on 26th September, 2013. In terms of the award, Appellant was ordered to pay Respondent an acting allowance for the period Respondent held the post of Acting Chief Technician.
On the date of hearing, Respondent was in default despite having been duly served. The hearing proceeded on the merits in terms of Rule 30(a) of the Labour Court Rules, Statutory Instrument 59 of 2006.
At the conclusion of the hearing, I allowed the appeal and indicated that my reasons will follow. These are they.
The facts of... More