This appeal was referred to me in terms of section 89 (2)(a) of the Labour Act (Chapter 28:01). The brief facts show that the appellant was employed by the respondent as a teacher. At the termination of the employment contract, appellant made a claim for terminal benefits. Respondent was of the view that appellant was not entitled to the benefits he had claimed. The matter ended up in arbitration. The arbitrator made a ruling that appellant was entitled to receive an amount totalling US$5804-00. The appellant is dissatisfied with the decision and has appealed to this Court. More
This is an appeal against the decision of the Disciplinary Authority dismissing appellant from employment. Appellant was employed as a Dip Attendant in the Department of Agritex of the Ministry of Agriculture. On 5 November 2014 misconduct charges were preferred against him. Following a disciplinary hearing he was found guilty and was dismissed from employment. More
This is an appeal from a decision of the respondent’s Appeals Committee, which upheld the dismissal of the appellant from the respondent’s employment.
The basic facts of this matter are that the respondent was employed by the appellant as Banking Hall Supervisor. He was charged with misconduct in terms of the National Employment Council for the Zimbabwe Energy Industry Code of Conduct and Grievance Handling Procedures (NEC Code). The charge, framed from section 7 (1) (i) (v) of the NEC Code, was Dishonesty, that is to say; falsifying an official document or electronic record of a Company/Organisation or wilfully recording... More
On 11th January 2016 at Harare, Arbitrator J Madziya issued an arbitration award. He dismissed the appellant’s claims against the respondent. The appellant then appealed to this court against the award. The respondent opposed the appeal. More
An application for rescission of judgment is one where the court is called upon to exercise its indulgence for the default, having considered the requirements to be satisfied.
The applicant filed an application for leave to appeal to the Supreme Court. On the application her address of service was of her preferred representatives. The matter was set down for hearing on 16 February 2016. On the appointed date neither the representatives nor the applicant appeared. More
At the commencement of the proceedings Mr Chopamba sought to apply for a postponement as the respondent had not formally filed a response to the Notice of Appeal. He stated that the reason for late filing of the response was that the respondent had not timeously received the requisite authorisation to brief-out Counsel from the Attorney General’s Office. He stated that it was a requirement that written approval be given by that office before instructing a legal practitioner. Mr Chopamba, further submitted that the application for condonation for late filing of the response could not be done in time as... More
The arbitrator W Musiiwa issued an arbitration award on 24 September 2012. In terms thereof he dismissed the appellants’ claim of unfair dismissal from employment by the respondent. The appellants then appealed to this Court against the award. The respondent opposed the appeal.
The Grounds of Appeal averred are as follows:
“The 1stand 2ndapplicants were employed on silent contracts as indicated on the last form they completed dated 1 July. They had been on fixed term contracts previously but on this one their contractual agreement was very silent. The CBA of the Catering Industry S I 167/91 in section 17... More
