This is an application for rescission of judgment. On 18 November 2015 a judgment was issued in default of applicant’s attendance. Service on applicant had been effected by affixing to outer principal door at the address of service of record. On 8 December 2015 the present application was filed. The founding affidavit was deposed to by applicant’s counsel. The notice of response was filed on 7 January 2016. The affidavit of response stated that there is no prayer to the application and it should be dismissed with costs. In response counsel for applicant included a prayer in heads of argument.... More
This is an application for review of an arbitral award in favour of the respondent. Respondent. Respondent was an area manager who was dismissed following proceedings in terms of S.I. 15 of 2006. Respondent had been charged with six counts but was convicted of five. More
This is an appeal against an arbitral award handed down on 12 February 2016, in terms of which the appellant was ordered to pay the respondents cash in lieu of notice. More
The facts in this matter are largely common cause. The respondents were employed by the appellant. The appellant, due to viability problems, informed the respondents that it was no longer in a position to continue operations of the Mutare Branch. The appellant informed the respondents not to attend to work until told to do so by the appellant. The respondents were informed that they could in the interim seek employment elsewhere. The respondents later took their matter with the Labour Office which office referred the matter to arbitration. The arbitrator found in favour of the respondents and the appellant has... More
This is an appeal against the decision of the respondent appeals committee which upheld appellant’s dismissal following allegations of carrying out an act which is inconsistent with the express or implied conditions of the contract of employment in contravention of section D25 of the respondent code of conduct. More
On the 1stof August, 2014, the Labour Court (Muzofa J.) issued a judgment in a matter pitting the above parties (StanslousMakusha V Small Enterprises Development Corporation (SEDCO) LC/H/918/2013).
Two preliminary issues had been raised in that matter, to wit; that Appellant was improperly before the court as he had not exhausted internal remedies and that some of the grounds of appeal were actually grounds for review. More
This is an application for rescission of judgment.
On the 21st May 2015, the applicants filed an appeal with this court against a determination of an arbitrator from the National Employment Council for Food and Allied Industries. They were represented by Messrs Maeresera and Partners Legal Practitioners. More
