This is an appeal against a determination by the Respondent Appeals Authority handed down on the 12th of February 2015 but received by Appellant on the 2nd March 2015. The appeal is opposed.
The Appellant was employed by the Respondent as a Shift Manager. He appeared before a Disciplinary Authority on the 10th of July, 2008 facing charges of misconduct i.e Section 4 (a) of Statutory Instrument 15 of 2006. The allegations were that the Appellant had, following a spot check, been found with a negative variance of Z$80 Billion and Z$8 billion. The Disciplinary Authority referred its determination to... More
On 12 June 2014 at Harare, arbitrator R Matsikidze issued an arbitration award. He dismissed appellants’ claims against respondent. Appellants then appealed to this court against the award. Respondent opposed the appeal. More
This is an appeal from the decision of an arbitrator. It was handed down on 28 April 2015.
The respondent raised an objection in limine and stated that the appeal was improperly before the court. It was filed out of time contrary to the provisions of Rule 15 (1) of the Labour Court Rules, 2006. More
To that end this is a consolidated matter in respect of LC/H/350/13, LC/H/380, LC/H/384/14 and LC/H/259/15.
Parties agreed on the issues for determination by this court which were set out as follows:
Whether or not
i) Arbitrator Dangarembizi erred in finding the respondent not guilty of acts inconsistent with the terms and conditions of his contract of employment;
ii) Arbitrator Dangarembizi erred in finding the respondent guilty of wilful disobedience of a lawful order;
iii) Arbitrator Dangarembizi erred in interfering with the penalty of dismissal and in ordering the respondent’s reinstatement;
iv) Arbitrator Dangarembizi erred in awarding the employee back-pay... More
The matter was placed before me as an appeal against an arbitral award handed down on the 13th of October 2011. The Respondent was employed by the Appellant as the Sports Director. He was suspended from duty on 21st June 2011 on allegations of misconduct. More
The grounds of appeal which form the basis of this appeal are that:-
“1. The Arbitrator erred in finding that he had jurisdiction to entertain the dispute when the jurisdiction of a labour arbitrator is confined to disputes involving employees.
2. The Arbitrator grossly misdirected himself on the facts, which misdirection amounts to an error of law, in finding that the Respondent is entitled to cash in lieu of leave, outstanding commissions from 2011 and COPAC commissions.”
The brief background to this matter is that Respondent was in Appellant’s employ as a Sales Manager as from 2007. On the 30th... More
The three respondents were employed by the appellant in different capacities.
During the course of their employment, the respondents committed certain acts of misconduct whose details are irrelevant in the resolution of this case.
All the respondents were charged albeit separately and were found liable.
The penalty given for each of them was a demotion and a final written warning. Each of them appealed to the National Employment Council Appeals board.
For the first respondent the appeals board confirmed the verdict but altered the penalty. The appellant had demoted the first respondent from Grade C5 to B4. The appeals board... More
