The appellant is the former employer of the respondents who were each employed at different times in different capacities prior to December 2007 at the Cathedral of St Mary and All Saints.
On 21 September 2007, the then bishop of the church for the Province of Central Africa, (“the Church”) Norbert Kunonga and his followers withdrew their membership from the church. He proceeded to form a separate church, the Anglican Church of the Province of Zimbabwe (ACPZ). More
The present matter was placed before me as an appeal against a quantification award handed down on the 19th of January 2015. The main award had been issued on the 11th of July 2014. The Appellant also appealed against the main award. The present appeal is opposed. More
This is an appeal against part of the decision of the honourable Arbitrator dated 4 June 2015. Respondents who had been employed by appellant had their contracts of employment terminated. 1st Respondent’s letter of termination dated 22 March 2013 on record states that the contract would not be renewed because the workload has decreased. He was given three months notice from 1 April 2013 to 30 June 2013. The respondents refused to sign the letters of termination. Nevertheless the respondents were dismissed and the matter was referred to the National Employment Council for the Welfare and Educational Institutions. Respondents claimed... More
1. The honourable arbitrator misdirected himself at law by applying the labour (amendment) act number 5, 2015 to the matter, yet the Labour Amendment Act was not in operation when the cause of action arose.
2. The honourable arbitrator erred at law in his calculations of the back pay and damages in lieu of reinstatement which led him to arrive at a wrong figure which should be due to the respondents.
3. The honourable arbitrator’s award is so unreasonable and irrational in its defiance of logic so as to constitute a ground of appeal in that: More
The appellant appeals in this case against an arbitral award.
Section 98 (10) of the Labour Act [Chapter 28:01] (“the Act”) provides as follows:
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 matter was set down as an appeal at the appellant council’s instance. On the set down date and in his heads of argument the respondent argued that the matter was improperly before the court for want of its process not being issued out and filed by a legal practitioner as defined by the Legal Practitioners Act. The applicant opposed the point taken and maintained that it was properly before the court on account of the fact that it was represented by its legal officer who is its employee and who fits within the ambit of who should lawfully issue... More
This is an appeal against an arbitral award in favour of the respondents. The respondents are former employees of the appellant. They were suspended with pay and benefits for thirty days pending disciplinary hearings. They were further suspended for another thirty days during which they were called for a hearing. The respondents walked out of the hearing after alleging that the matter had been referred to a designated agent in terms of S I 171 of 2010. The hearing proceeded in their absence and they were convicted and dismissed from employment. More
