The respondent was employed by the appellant as corporate services manager on a three year fixed term contract. Such contract was to expire on 1 December 2015 when the respondent was dismissed from employment with effect from 9 January 2014. It was found that such dismissal was unfair in an arbitral award of 12 March 2015 and reinstatement without loss of salary and benefits from date of dismissal, was ordered. In the alternative, damages in lieu of reinstatement were awarded. More
This is an appeal against an arbitral award wherein Respondent was awarded payment of cash in lieu of leave days and seven-year service gratuity.
Appellant’s grounds of appeal are that:-
1. The Arbitrator misdirected himself by not meticulously going through the documentary evidence led by Appellant, before awarding a wrong amount of cash in lieu of leave days to the Respondent such a misdirection was so outrageous in its defiance of logic or accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at such a conclusion.
2. The... More
This is an appeal against an arbitral award handed down on 24 February 2015. In terms of the award, the appellant was ordered to reinstate the respondent without loss of salary and benefits, on the basis that the probationary assessment that resulted in the termination of his employment was procedurally and substantively unfair.
The factual background to this matteris as follows:
The respondent was employed by the appellant as Director, Management Training Bureau. Management Training Bureau is a training institution under the appellant organisation, and is based in the Msasa Industrial area of Harare. More
This is an application for leave to appeal to the Supreme Court against this court’s judgment on a point in limine which ruled that the appeal grounds raised by the then appellant indeed made out points of law worthy of being decided upon by the Labour Court.
The background to the matter is that the employee appealed to the Labour Court against an arbitral order made against him in a case which pitted him and the employer. When appeal came up for argument the employer raised a point in limine that the grounds which the employee sought to rely on... More
On 8 December 2015 arbitrator C T Kadenga issued an arbitration award. She ordered appellant to reinstate respondents’ employment or pay them damages in lieu of reinstatement. Appellant then appealed to this court against the award. Respondents opposed the appeal. More
The Respondent was employed by Applicant as a Provincial Manager from September 2008. She resigned on the 5th September 2013. After her resignation she referred a complaint of constructive dismissal to a Labour Officer. The parties having failed to conciliate the matter was referred to compulsory arbitration. The Arbitrator found that the Respondent had been unfairly dismissed through the Appellant actions that were in violation of Section 12B (3)(a) of the Labour Act [Cap 28:01]. The Appellant was directed to pay Respondent damages in the amount of US$ 16 982.72 in damages for loss of employment by the 30th of... More
