“It will be contended that the Appeals Committee erred in one or more of the following:
1. The disciplinary committee misdirected itself in hearing and conducting the case leading to the Appellant being dismissed from work.
2. The Appellant clearly did his best as a prudent person to advise the disciplinary committee that their failure to call witnesses who had testified against the Appellant to be cross examined by him was to his prejudice.
3. There was a procedural irregularity by the disciplinary committee when they did not consider that the local sector official must notify the employee concerned that... More
This is an appeal against the respondent’s decision to down grade the appellant. The appellant alleges that the decision to demote him is grossly unreasonable, so grossly irrational that the matter becomes reviewable by this court.
The background facts of the matter are that the appellant was employed by the respondent as a Research Technician in 1982. Applicant’s qualifications are that he holds a National Diploma in Agriculture from Chibero College, he also holds a Diploma in Agricultural machinery from Germany and a post Graduate Diploma in Agricultural Engineering from Granfield Institute of technology. More
The respondent was the Managing Director of the appellant company until 21 August 2014 when he was suspended from duty. The issue before the court relates to a pay increase that was awarded but not paid to respondent before his suspension. More
At the hearing of this appeal I heard submissions on the points in limine and reserved my ruling. This is it.
The appellant filed its appeal on 28 August 2015 against an arbitral award. The 2nd respondent who was immediately thereafter served with the notice of appeal, lodged its notice of response on 14 September 2015. The first respondent only filed its notice of response on 23 September 2015. Both notices of response were served on the appellant soon after filing with the Labour Court. More
This is an application for condonation for late filing of heads of arguments. The brief facts are that an arbitrator ordered that the employer pays its employees an average of $3000-00 each in relation to wages due and payable to the workers.
The arbitrator in June 2014, ordered that the outstanding wages be paid in three months’ time.
The employer had argued that it cannot pay in that time as it would be unduly harsh on a company that is not performing well. They do not deny that the amounts, as ordered by the arbitrator, are due and payable. They... More
This is an application for condonation for late noting of an application for rescission of judgment.
The facts in this matter are largely common cause. Applicant was initially represented by Ms Magogefrom the National Labour Relations Reference Centre. The appeal by the applicant was initially set down for 12 March 2015 before Justice Chidziva. On that date Ms Magoge applied for postponement of the matter to enable her to file heads of argument in the matter. The application was granted and the matter was postponed to 30 March 2015 by consent. Ms Magoge proceeded to file her heads of argument... More
This is an application for condonation for late filing of an appeal. The facts in this case are largely common cause. The applicants filed an appeal with this court against the decisions of first and second respondents finding the lecturers guilty of misconduct and imposing various penalties. The facts also show that before the appeal could be heard, the respondents raised a point in limine, alleging that the respondents were incorrectly cited. This court, as per KUDYA J, upheld the point in limine and proceeded to strike the appeal off the roll. The applicants wish to pursue the appeal, hence... More
